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DECEMBER 11, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-La•ge VlCE MAYOR LOU/S R. JONES, Bavside - Dlsh•ict 4 GLENN R. DAV/S, Rose Hnll - Dish-ict 3 W/LLIAM R. DeSTEPH, At-Large H.9RRY E. D/EZEL, Kempsville - Dish•ict 2 ROBERT M. DYER, Gentervi!!e - District 1 BARBAXA M. NENLEY, Princess Anne District 7 JOHND.MOSS. At-Large JOHN E. UHR/N, Beadi - Dish-ict 6 ROSEMARY W/LSON, At-Lmge JAMES L. WOOD, Lviinhaven -District 5 CITY COUNC[L APPOINTEES C/TYMANAGER - JAMES K. SPORE CLTYATTORNEY- MARK D. STlLES C/TYASSESSOR - JERALD D. BANAGAN C/TY AUDlTOR - L YNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 11 December 2012 CITYHALL BUlLDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRG/NIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com L CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) - and NOVEMBER INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 5:00 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Kelly, Pastor Wave Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA L CONSENT AGENDA H. MAYOR'S PRESENTATION 1. Holiday Lights Designers Awards Bobby Melatti - Director of Beach Events 1. PUBLIC HEARING December 4, 2012 1. IFLY/25TH Street PUBLIC-PRIVATE (PPEA) EDUCATIONAL FACILITIES PROPOSAL J. RESOLUTIONS/ORDINANCE 1. Resolution to REQUEST the General Assembly and Governor ACCEPT and IMPLEMENT the expansion of Medicaid re the 2010 Affordable Care Act 2. Resolution to REQUEST the Virginia Department of Housing and Community Development RETAIN the current boundaries of the Hampton Roads Planning District Commission(HRPDC) 3. Resolution to ENDORSE PURSUING a transaction with Comcast-Spectacor for the development and construction of a Major Professional Sports and Entertainment Arena 4. Resolution to REESTABLISH the Green Ribbon Committee re responsibilities, tasks and term 5. Ordinance to APPROPRIATE $15,954,726 re FY 2011/12 School Reversion Funds a. $14,000,000 - Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 - School Operating Fund re Elementary instruction and improvement c. $ 500,000 - School Athletic Special Revenue Fund K. PLANNING 1. Application of BRANDON AND KIMBERLY SCOTT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning, Ordinance (CZO) at 1812 South Woodside Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the: remaining portion of `A' Avenue at its intersection with Sentara Way DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 3. Application of COLUMBUS STATION ASSOCIATES, LLC re Street Closure of a portion of Woodland Street East of Columbus Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of the CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of MPB, INC. for a Conditional Change of Zoning from AGl 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 and December 4, 2012) DISTRICT 7- PRINCESS ANNE RECOMMENDATION L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT lf you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 2012 CITYHOLIDAYS Monday, December 24 Christmas Eve APPROVAL Tuesday, December 25 Christmas Day CITY COUNCIL SESSIONS January, 2013 January 1 New Year's Holiday January 8 Briefing, Informal, FormaUOpen Dialogue 6:00 P.M. January 15 Workshop 4: 00 - 6: 00 P.M. January 22 Briefing, Informal, Formal 6:00 P.M. January 29 Fifth Tuesday, No Sessions CEREMONIAL OATH OF OFFICE MAYOR VICE MAYOR MEMBERS OF CITY COUNCIL Tuesday, January 8, 2013 - 6:00 P.M. The Honorable Glenn R. Croshaw, Circuit Court Judge CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 11, 2012 Mayor William D. Sessoms, Jr. called to order the Briefing: AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) and NOVEMBER INTERIM FINANCAIL STATEMENT, in the City Council Conference Room, Tuesday, December 11, 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 11, 2012 -2- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT 4: 00 P.M. ITEM #62431 Mayor Sessoms introduced and welcomed Patti Phillips, Director - Finance Development. Ms. Phillips advised on August IS'" the Finance Department officially closed the City's financial accounting records for fiscal year ended June 30, 2012. This presentation is in accordance with the City Council's Goal of creating a financially sustainable City by providing excellent services to provide transparent and understandable financial information. o FY 2012 Audited Financial Statements • Entity Wide Statements - GASB 34 * General Fund * School Operating Fund • Debt - June 30, 2012 • Fiscal Year 2013 - Through November 30, 2012 ¦ Cherry, Bekaert & Holland Comments December 11, 2012 -3- CITY CO UNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) % of BUDGET ACTUAL VARIANCE Budget LOCAL $ 793.7 $ 801.8 $ 8.1 1.0% STATE 143.8 143.8 - 0.0°6 FEDERAL 21.8 21.0 (O.S) -3.7% TOTAL REVENUES $ 959.3 $ 966.6 $ 7.3 0.8°6 CITY $ 634.4 $ 619.3 $ 15.1 2.4% SCHOOIS 371.5 355.5 16.0 2.8% TOTAL EXPENDITURES $ 1,005.9 $ 974.5 *$ 31.1 3.1% REVENUES OVER (UNDER) $ (46.6) $ (8.2) $ 38.4 FUND BALANCE - JULY 1 189.8 LESS: RESERVATIONS (77•6) UNASSIGNED FUND BALANCE - JUNE 30 $ 104.0 Fund Balance as a percent of FY 2013 Revenues fs 10.7% * Reflects encumbrances of $9.5 ml lllon 0 City Council has adopted a policy of maintaining a General Fund Balance of 8-12% of subsequent year's Revenues. Unassigned General Fund Balance at June 30, 2012, is $104 -MILLION, or 10. 7% of FY 2013 Revenue. December 11, 2012 -4- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) :WO $400 f 5300 w ¢ t2oo $ioo $80 [m. E w g ? $40 ? $YO 6 December 11, 2012 so cy 2007 Fr sooa rr 2009 cv zoio rr sois cv aoiz ¦Butlget mACtual $O FY 2007 FY 2008 FV 2009 N 2010 FY 2011 FY 2012 ¦BUaget OACNa1 -5- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Contin ued) :60 :50 ? $40 f W g $30 m ¢ $20 uo $o Fr 200? $30 E25 $20 f w g sie d a uo $5 SO 7 8 December 11, 2012 FY zooa FY zooe rr soio FY soii FY zoiz ¦BUaget ¦nctual FY 3008 FY 2009 FY 2010 FY 2011 FY 2012 \BUtl at DACtual -6- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FWANICLA STATEMENT ITEM #6243I (Continued) $60 $60 Eao F g $30 a $zo uo $o FY 2008 FY 2009 FY 2030 FY 2011 FY YOSZ ¦BUEget OACNaI Hotel Room Tax Restaurant Meal Tax s 9 December 11, 2012 ¦GF216 OCBDTIF ¦TAP1%/SS OTIP5% OSB51 YCF3.516 •TAP0.6% OTIP106% ¦050.44% 10 -7- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) 10.9% 10.0% '??, . . .. . . . . . . . .. .. . ... . . .. 8.0% 8.4l6 8.0% 7.5% ? 5.7% ?? . . . . 6.0% 5.296 &1% ... .. . . 4.0% I 3.8% ? 9.8% ? ? . ..... ? 3.0% .... 2.0% ( ..... .. . ? . . . . ..... ..... .. . ...... .. . ..... 1 0.0% _. .., ....».....?,..., , ...,,,?. , , ..w..o.:.....?. ?..-............«....,? ... .«-.......?... „.. „ ? , ..,.... ..« ??? ......... ........ ........ ..... .Y.O% 1998 1999 2000 Y001 2002 Y003 2004 Y006 2006 Y007 2008 2009 2010 2011 Y012 ?«Annual % Chnnge from PY 11 S2oo $150 ? ° S10o f C 0 $so 18.0% 14.0% ? &0% LL t? ? m m 4.0% ? ? $o 0.0% 2004 2005 2006 2007 2008 2009 2010 2011 2012 mUnas.IgMtl GF BeleMe , $-%af Butlgefed GF flavonuo Policy - 8-12% of Revenues 12 December 11, 2012 -8- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) REVENUES: City local School's Reserve & Other Funds Commonwealth Federal Government Total Revenues EXPENDITURES Total Reversion to City * Reflects encumbrances of $10.3 million Bu¢et AGtual Variance $ 353.7 $ 353.7 $ - 3.1 4.3 12 19.5 19.5 - 307.6 305.5 (2.1) 16.6 13.6 (3•0) $ 700.5 $ 696.6 $ (3•9) $ 719.1 $ (699•2) * $ 19.9 $ 16.0 13 Total Debt - $1.241B Schools 25.64% and Sewer 3.87% 14 Agriculture - .grem serve Water -Storm 72.17% December 11, 2012 -9- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) ? Fund Balance within Policy, lower than 2011 ffi(10.7% FY12 vs 11.9% FY11) * Reservations for FY13 operating budget include: * City - $9.9M * Schools - $11.2M ? Departments continue to manage their budgets - Reductions in personnel have operating impacts a Actual revenues were 0.8% over budget ? Recommend entire Fund Balance be maintained as reserve for FY2014 ,, December 11, 2012 -10- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) Annual deet B YTD Actual Variance Revenues u Local (833% ofbudget) $ 507.8 $ 252.8 $ (555.0) State (15.0% ofbudget) 145.4 323 (113.1) Federal ( 1.7% ofbudget) 16.7 6.4 (103) Total Revenues S 969.9 $ 291.5 $ f678.41 Expenditures City Operations $ 629.8 $ 287.6 $ 3422 School Operatioris 389.0 162.1 226.9 Total Expenditures $1,018.8 $ 449.7 $ 569.1 Less Amounts Funded from Fund Balance Encumbrances/Carryforwazds at 6/30/12 $ 9.5 City Capital Projects 182 City Operating Budget 212 Adjusted Expenditures $ 969.9 17 December 11, 2012 -11- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) December 11, 2012 -12- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) Ms. Phillips introduced Robert G. Bielat, Partner - Cherry Bekaert & Holland. ALIT}IT PRESENTATION CITY OF VIRGINIA BEACH VIRGINIA vECEMBER 1i, 20i2 CHERRY BEI<AERT8. HOLLAND ;iii:t? Mr. Bielat provided the following overview: Overview - •;•4verview of Auditors' Opinion .:.Required comrnunication Qf significant audit matters •:-Questions December 11, 2012 -13- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) The Auditor's opinion is outlined below: Required Conlmunicatia?ns ?f3ur resp4nsibility under generaliy accepted auditing standards: -.*•We assessed risk that the'financial statements may cantain a material misstatement, either intentional or unintentional f+eWe dacumented and considered internal controls to assist us with our audit approach, not for #he purpose of providing assurance an thvse conttols. December 11, 2012 -14- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) Req S#andards (The Yellow Back) •'•We reviewed antl tested the Gity's' compfiance with laws' and regulations, noncompliance with which cau4d have a rnaterial impact on the financMal statements. ?We reviewed compliance with applicable laws and ; regulations identified in the Specifrcations fQrAudits af Caunfies, Cities and Towns issueti by the Auditor af Public Accounts of'the Commonvuealth of Urginia .. Required Cammunications .;. Our Responsibility under OMB A-133 `-SWe performed procedures in order to express an opinion on the City's compliance with requirements applicable to majQr Federal programs. Our opinion is unqualified, -.•We performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not ta express an opinion an controls. Govarnmnt Servlces m December 11, 2012 -15- CITY CO UNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM #62431(Continued) Required Communications •..Es#imates 4.•These statements include estimates, including: =:•Allawance far doubtful accounts -:•Other Post Employment Benefrts IiabiGty ?Claims Liability December 11, 2012 -16- CITY COUNCIL'S BRIEFING CAFR and NOVEMBER INTERIM FINANICLA STATEMENT ITEM # 62431 (Continued) Mr. Bielat was pleased to report these findings: ALIDIT PRESENTATION CITY (3F YIRGINIA BEACH: VIRGINIA DECEMBER 11, 2012 ?- i CHERRY 'BEICAERTB. !?-„ HOLLAND ;'? Mayor Sessoms thanked Ms. Phillips and Mr. Bielat for their presentation. December 11, 2012 -17- CITY COUNCIL COMMENTS 4:33 P.M. ITEM #62432 Councilman Moss requested information regarding the transfer of money between accounts to establish an FTE for Energy; specifically, his question was the transfer of funds from the "trash fee "? Deputy City Manager Hansen advised two FTE's were taken out due to routing and realignment. One of the FTE's was then transferred within Public Works to create an Energy Analyst. ITEM #62433 Councilman Dyer extended kudos and acknowledge the hard work the Staff has done in the Centerville SGA initiative. The public raised some concerns and the item was deferred to the end of February 2013. Another "Town Hall " meeting was held that was very well attended and Staff was remarkable in answering all of the questions. Also, Councilman Dyer expressed his gratitude to Councilman Diezel for all he has done for the City and him personally. Councilman Diezel took Councilman Dyer under his wing and helped him a lot. He has been a true asset to this Council, this City and to the Kempsville District. ITEM #62434 Councilman Davis stated Governor McDonnell did not put $1 SO-MILLION into the State's Budget for the proposed Arena. That would have been premature for the Governor to put those funds into the Budget prior to the details of a deal structure coming forward. One thing the Governor has always said is he wanted the details to go to the Virginia Economic Development Partnership for review and being that we do not yet have a deal, the City cannot forward something they do not have. Once a deal is fznalized it will be voted by the City Council, delivered to the Delegation with the expectation that one or more of our Delegates or Senators would put forth the Budget Amendment Legislation acted upon. Councilman Davis feels the Governor has been publically supportive of the proposed Arena. December 11, 2012 -18- AGENDA REVIEW SESSION 4:41 P.M. ITEM #62435 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Resolution to REQUEST the General Assembly and Governor ACCEPT and IMPLEMENT the expansion of Medicaid re the 2010 Affordable Care Act 2. Resolution to REQIIEST the Virginia Department of Housing and Community Development RETAIN the current boundaries of the Hampton Roads Planning District Commission (HRPDC) 3. Resolution to ENDORSE PURSUING a transaction with Comcast-Spectacor for the development and construction of a Major Professional Sports and Entertainment Arena 4. Resolution to REESTABLISH the Green Ribbon Committee re responsibilities, tasks and term 5. Ordinance to APPROPRIATE $15,954, 726 re FY 2011/12 School Reversion Funds a. $14, 000, 000 - Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 - School Operating Fund re Elementary instruction and improvement c. $ 500, 000 - School Athletic Special Revenue Fund Item #3 will be Amended to remove any reference to a Hockey Team in Lines 25, 26, 40 and 41 and shall be considered separately. Councilmen DeSteph and Moss shall vote VERBAL NAY on Item #3. December 11, 2012 -5- AGENDA REVIEW SESSION ITEM #62435 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of BRANDON AND KIMBERLY SCOTT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 1812 South Woodside Lane DISTRICT S- LYNNHAVEN 2. Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the remaining portion of A' Avenue at its intersection with Sentara Way DISTRICT 3- ROSE HALL 3. Application of COLUMBUS STATION ASSOCIATES, LLC re Street Closure of a portion of Woodland Street East of Columbus Drive DISTRICT 5- LYNNHAVEN 4. Application of the CHESAPEAKE BAY FOUNDATION/THE TRIIST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive DISTWCT 4- BAYSIDE 5. Application of MPB, INC. for a Conditional Change o Zoning from AG-1 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 and December 4, 2012) DISTWCT 7- PRINCESS ANNE Item #S shall be deferred indefinitely. December 11, 2012 -20- ITEM#62436 Mayor Sessoms invited Lynnwood Branch, Chair of the Citizens Committee for the Arena, to make a few comments and then recognized Councilman Dyer who agreed to be the City Council Liaison for this Committee. Mr. Branch stated he is honored to be the Chairman of this Committee for the Arena Project and extended appreciation to Councilman Dyer for agreeing to serve as Liaison. He has been working diligently since this was discussed last Tuesday and has established a thirty -eight (38) member committee. In addition to the Ciry Council's selection, members of Virginia Beach School Board, RAC, CBDA, Chamber, Vision, Taxpayer Alliance, Hotel Motel, Restaurant, Planning Commission and CCA have agreed to serve. Also, the Committee has Citizens such as Pastor Steve Kelly from Wave Church to help with questions on religious conferences; Rick Marcel from the Norva to help with questions on concerts; and, Gary McCollum, Co-Chair of the 2040 Vision Committee. The first committee meeting is scheduled for tomorrow night, December 12`", 6:00 P.M. at Economic Development. The Committee will be briefed on the project to date, given copies of the various studies and asked to convey this information to their respective organizations and groups to begin a dialogue about this project. The Committee will provide the comments, suggestions and observations directly to Staff or City Council. In addition, the Committee will attend the Public Forum next week and observe the process. The Committee will not advocate for or against the Arena or take a position regarding the project but allow its members to have the most current information available. On Tuesday, December 18`", the Committee will host a Public Forum, open to the public much like the forums the City has held regarding Budget, Open Space and Strategic Growth Areas. Staff will provide the information from this Forum to City Council before the year's end. The Committee has discussed using the new technology "Virtual Town Hall " being launched this week. This will allow citizens that are not able to attend the Public Forums to voice their comments, concerns or suggestions. The Committee welcomes any ideas that will assist the public to become informed and engaged in this project. Mayor Sessoms expressed his appreciation to Mr. Branch for his willingness to assist the City in getting feedback from our citizens on the potential Arena. December 11, 2012 -z 1- ITEM#62437 Mayor William D. Sessoms, Jr., entertained a motion to permit Ciry Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A) (3). Acquisition/Disposition of City Property: Centerville District December 11, 2012 -23- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December Il, 2012 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, December 11, 2012, at 6: 00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION.• Father William Parke PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act ), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as defrned 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 11, 2012 -24- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of 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 Ciry Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifzes any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 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 January 27, 2004, is hereby made a part of the record. December 11, 2012 -25- Mayor Sessoms acknowledged the Ocean Lakes Young Politicians Club in attendance: Elizabeth Eubank, Sponsor Thomas Vazquez, President Jeremiah Reily, Treasurer Malik Featherstone, Member Evan Turner, Member lan Ulep, Member Taylor Pigram, Member Brandon Polanco, Member December 11, 2012 -26- Item -V-E CERTIFICATION ITEM #62438 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 11, 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 #62437 Page 21, 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. l ??iL?-?-?-? th Hodges raser, MMC City Clerk December 11, 2012 -z7- Item -V-F.1 MINUTES ITEM #62439 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 4, 2012. voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 -zs- Item -V-H.1 MAYOR'S PRESENTATIDN ITEM #62440 Mayor Sessoms introduced Bobby Melatti, Director - Beach Events. Mr. Melatti stated sorrte of the very best ideas come from those in the community where you least expect it. Master Police Officer Matthew Mclnerney asked if I had ever considered the High School Students to design new offerings at Holiday Lights at the Beach. The concept was embraced and ended up with twenty-six (26) submissions, al[ of which were worthy of consideration. After much discussion, the committee settled on two great oJferings that were fabricated to the student's specifications and are displayed on the Boardwalk for all to see and enjoy. This effort has created new stakeholders in Arts, Education and the City. These collaborative efforts instill a very real sense of pride for students and their schools and underscore the hard work of teachers and administrators. This is a true "win/win": Mayor Sessoms presented awards to the following individuals: Delaney Downs - Kellam High School Audrey Christ - Salem High School Master Police Officer Mclnerney December 11, 2012 -29- V-I.1 PUBLIC HEARING ITEM #62441 Mayor Sessoms DECLARED A PUBLIC HEARING: IFLY/25TH STREET PUBLIC-PRIVATE (PPEA) EDUCATION FACILITIES PROPOSAL There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 11, 2012 -30- ADOPT AGENDA FOR FORMAL SESSIDN ITEM #62442 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 11, 2012 -31- Item -V-J RESOL UTIONS/ORDINANCE ITEM #62443 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1, 2, 4 and Sa/b/c. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 -32- Item -V-J.1 RESOL UTIONS/ORDINANCE ITEM #62444 The following individual registered to speak: Father James Parke spoke in SUPPORT and expressed his appreciation to City Council for consideration of this Resolution. The Human Rights Commission reflected on this Resolution and voted unanimously in support. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the General Assembly and Governor ACCEPT and IMPLEMENT the expansion of Medicaid re the 2010 Affordable Care Act Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 REQUESTED BY COUNCILMEMBERS DAVIS AND DIEZEL 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care 7 Act") is a 2010 federal law which, among other things, expands the availability of health 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a case 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new 15 income eligibility criterion of 133% of the federal poverty level and provides 100% 16 federal funding for the expansion in the first three years, after which time the federal 17 funding will be reduced to no less than 90% of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal 20 dollars which will flow into the state, and Medicaid expansion will not only provide 21 citizens with greater access to health care but will also support the state's health care 22 industry, employment, and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid 25 benefits, 51,730 additional adult City residents who are under the age of 65 remain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will be 29 eligible for Medicaid expansion under the federal law, including a significant number of 30 single persons and couples with incomes between $15,415 and $20,879, as well as 31 certain families (depending on family size) with incomes up to $53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health care 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in medical 38 services and other supportive health care industries (especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia the full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 th day of December , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City nager ffice • '10440111, City Attorney's Offic CA12482 R-2 December 5, 2012 -33- Item -V-J.2 RESOL UTIONS/ORDINANCE ITEM #62445 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REQiIEST the Virginia Department of Housing and Community Development RETAIN the current boundaries of the Hampton Roads Planning District Commission(HRPDC) Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 1 A RESOLUTION OF THE CITY OF VIRGINIA BEACH 2 REQUESTING THE VIRGINIA DEPARTMENT OF 3 HOUSING AND COMMUNITY DEVELOPMENT TO RETAIN 4 THE CURRENT BOUNDARIES OF THE HAMPTON 5 ROADS PLANNING DISTRICT COMMISSION 6 7 WHEREAS, in 1969, six localities on the Virginia Peninsula and nine localities in 8 Southeastern Virginia established the Peninsula Planning District Commission and the 9 Southeastern Virginia Planning District Commission, respectively; and, 10 11 WHEREAS, in 1990, the Peninsula and Southeastern Virginia Planning District 12 Commissions merged to create the Hampton Roads Planning District Commission 13 ("HRPDC"); and, 14 15 WHEREAS, in 1993 and in 1996, Gloucester County and Surry County, 16 respectively, elected to join the Hampton Roads Planning District Commission; and, 17 18 WHEREAS, the Hampton Roads localities, working through the HRPDC, have 19 developed institutional structures involving the region's elected officials, chief 20 administrative officers and technical staff, that allow them to address a variety of issues 21 cooperatively and effectively; and, 22 23 WHEREAS, these issues include emergency management, economic analysis 24 and development, environmental and regulatory issues, housing, and transportation; 25 and, 26 27 WHEREAS, cooperative consideration of these issues through this structure has 28 facilitated the creation and operation of other regional authorities and political 29 subdivisions implementing programs in solid waste disposal, emergency management, 30 regional jails, public transportation, sanitary sewer system, water supply, and housing 31 and human services; and, 32 33 WHEREAS, state and federal agencies recognize that the Hampton Roads 34 localities are working on these issues together and that it is advantageous to those 35 federal and state agencies and their programs to work collectively with the Hampton 36 Roads region; and, 37 38 WHEREAS, significant progress is being made in addressing these issues 39 cooperatively and that progress would be lost if the HRPDC boundaries were changed 40 to cause the loss of the City of Virginia Beach or one or more other members; and, 41 42 WHEREAS, the cooperative programs operated through and supported by the 43 HRPDC are cost-effective approach to addressing threats and opportunities facing the 44 Hampton Roads localities. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council requests the Virginia Department of Housing and Community to reaffirm the existing boundaries of the Hampton Roads Planning District Commission. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council desires the City of Virginia Beach to remain a member of the Hampton Roads Planning District Commission. Adopted by the City Council of the City of Virginia Beach, Virginia, on this llth day of December , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? City Manager's Office ??<? , City Attorney's Offi CA12481 R-1 November 28, 2012 -34- Item -V-J.3 RESOL UTIONS/ ORDINANCE ITEM #62446 The following individuals registered to speak: Lucas Pietrzak, 2104 Farmington Court, Phone 729-5853 spoke in OPPOSITION stating he is one year wiser and he represents the students and future constituents. City Council has lost sight of priorities. This project has picked up and started sprinting towards finalizing. Only one thing is guaranteed in this City and that is the students in the school system are the future. We need the care of teachers, the safery of police officers and the resources the great City offers. If the City has the abiliry to pay for an Arena, why can't we afford a bare necessity such as education? The City can survive without the Arena. William Bailey, 644 Edwin Drive, Phone 288-5761, President - Virginia Beach Firefighters, spoke in OPPOSITION. The City has needs now and core services need to be met before funding an Arena. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS AMENDED, Resolution to ENDORSE PURSUING a transaction with Comcast-Spectacor for the development and construction of a Major Professional Sports and Entertainment Arena Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• William R. "Bill " DeSteph and John D. Moss Council Members Absent: None December 11, 2012 ALTERNATE VERSION REQUESTED BY VICE MAYOR JONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION TO ENDORSE PURSUING A TRANSACTION FOR THE DEVELOPMENT AND CONSTRUCTION OF A MAJOR PROFESSIONAL SPORTS AND ENTERTAINMENT ARENA WHEREAS, the City of Virginia Beach (the "City") has been approached by Comcast-Spectacor about the possibility of entering into a partnership for the development of an entertainment and sports arena capabie of supporting a professional sports franchise and hosting a variety of other major athletic and entertainment events (the "Arena"); WHEREAS, representatives of the City have engaged in discussions with Comcast-Spectacor about the potential terms of such a transaction and have developed the framework under which such a transaction could be accomplished; WHEREAS, three independent studies have concluded that the Arena would have a positive economic impact on the City of Virginia Beach and the Commonwealth of Virginia and would enhance the desirability of living in and visiting the region; WHEREAS, City Council is of the opinion that representatives of the City of Virginia Beach Development Authority (the "Authority") and the City should continue negotiations for the development of the Arena so long as such transaction is generally within the following framework: i. The Arena is of such size and quality to support a National Basketball Association ("NBA") team as the major tenant of such Arena; ii. The financial impact of the Arena must be sufficient to fund all City debt associated with the Arena, while increasing existing revenues available to the City; iii. The Commonwealth contributes sufficient funds to the project to allow the requirements of Section (ii) to be met; iv. Comcast-Spectacor contributes Thirty-Five Million Dollars ($35,000,000) to the development of the Arena on terms and conditions acceptable to the City, Authority and Comcast-Spectacor; v. Comcast-Spectacor reaches an agreement with an NBA team to be the major tenant of the Arena for a period of at least twenty-five (25) years; and 43 vi. Comcast-Spectacor agrees to be the operator of the Arena 44 for at least twenty-five (25) years on terms and conditions acceptable to 45 the City, Authority and Comcast-Spectacor. 46 47 WHEREAS, City Council desires that a citizens committee be created to engage 48 the public concerning the possible development of the Arena and to provide insight as 49 to critical issues associated with this possible transaction; and 50 51 WHEREAS, City Council desires that the Authority and City staff continue to 52 pursue a transaction within the framework identified above and to develop a term sheet 53 and any necessary documents for consideration by City Council at the appropriate time. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 1. The City Council endorses the pursuit of a transaction for the construction 59 and development of the Arena by the Authority so long as such transaction is generally 60 within the following framework: 61 62 i. The Arena is of such size and quality to support a National 63 Basketball Association as the major tenant of such Arena; 64 65 ii. The financial impact of the Arena must be sufficient to fund 66 all City debt associated with the Arena while increasing existing revenues 67 available to the City; 68 69 iii. The Commonwealth contributes sufficient funds to the 70 project to allow the City's requirements of Section 1(ii) to be met; 71 72 iv. Comcast-Spectacor contributes Thirty-Five Million Dollars 73 ($35,000,000) to the development of the Arena on terms and conditions 74 acceptable to the City, Authority and Comcast-Spectacor; 75 76 v. Comcast-Spectacor reaches an agreement with an NBA 77 team to be the major tenant of the Arena for a period of at least twenty-five 78 (25) years; and 79 80 vi. Comcast-Spectacor agrees to be the operator of the Arena 81 for at least twenty-five (25) years on terms and conditions acceptable to 82 the City, Authority and Comcast-Spectacor. 83 84 2. In furtherance of the prospective development of the Arena, the City Council 85 authorizes the creation of a citizens committee to (1) engage and inform the general 86 public in the process of the possible development of the Arena; (2) identify critical 87 issues to be addressed in the development of the Arena; and (3) issue a report to City 88 Council detailing the findings of the committee. The citizens committee shall be 89 90 91 92 93 94 95 96 97 98 99 constituted on or before December 21, 2012 and shall issue a report of its findings to City Council on or before February 28, 2013. 3. The Authority and City staff are hereby authorized to continue negotiations for the development and construction of an Arena within the framework set forth above and are authorized to generate a term sheet and any necessary documents to effectuate the transaction, and to bring such documents to City Council for consideration and final approval on or before March 31, 2013. llth Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of December ,2012. APPROVED AS TO LEGAL SUFFICIENCY: ?; E?74 W" ti ? ? = City Attorney's Office CA12417 R-2 December 11, 2012 -35- Item -V-J.4 RESOL UTIONS/ORDINANCE ITEM #62447 Upon motion by vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REESTABLISH the Green Ribbon Comrrzittee re responsibilities, tasks and terms Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None December 11, 2012 1 A RESOLUTION ESTABLISHING THE 2 RESPONSIBILITIES, TASKS, AND THE TERM OF 3 THE GREEN RIBBON COMMITTEE 4 5 WHEREAS, City Council appointed the original Green Ribbon Committee in June 6 2006 to make recommendations regarding water quality improvements for the City of 7 Virginia Beach; and 8 9 WHEREAS, the Green Ribbon Committee spent many volunteer hours developing 10 the "City of Virginia Beach Green Ribbon Committee Report, November 2007" (the Report) 11 which includes extensive recommendations to improve water quality in Virginia Beach and 12 was adopted by City Council in December 2007; and 13 14 WHEREAS, the Green Ribbon Implementation Committee was created to monitor 15 the progress of the Report's recommendations and expired December 31, 2010; and 16 17 WHEREAS, City Council appointed members to a reestablished Green Ribbon 18 Committee on October 9, 2012; and 19 20 WHEREAS, City Council must establish new responsibilities, tasks, and the term for 21 the members of this Green Ribbon Committee. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby establishes the following tasks and responsibilities for 27 the members of the Green Ribbon Committee (the "Committee") appointed on October 9, 28 2012: 29 30 1) In general, the Committee shall advise City Council on matters relating to the 31 improvement of water quality in the City's waterways. In particular, it shall: 32 33 a) Monitor the implementation of the Total Maximum Daily Load 34 requirements of the Environmental Protection Agency and oversee 35 public involvement in the development of new water quality 36 ordinances; and 37 38 b) Establish and oversee public outreach and educational programs 39 related to water quality; and 40 41 c) Monitor and advise City Council in regard to comprehensive water 42 quality treatment efforts, on both public and private properties; and 43 44 d) Work toward the goal of establishing Virginia Beach as a model for 45 excellence in water quality initiatives. 46 47 48 49 50 51 2) The Committee shall report to City Council annually at the beginning of the fiscal year. 3) The Committee shall be a permanent committee whose members shall serve a three year term. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 t h day of December , 2012. APPROVED AS TO CONTENT: trategic Gr h Area 6clo? CA12368 R-2 November 21, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ? ? / , 1 , . , . n nn City Attorney's Office 2 -36- Item -V-J.Sa/b/c RESOL iITIONS/ORDINANCE ITEM #62448 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $15,954,726 re FY2011/12 School Reversion Funds a. $14, 000, 000 - Special Revenue Fund re emergency non-recurring expenses b. $ 1,454,726 - School Operating Fund re Elementary instruction and improvement c. ,$ 500, 000 - School Athletic Special Revenue Fund Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 11, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FY 2011-12 SCHOOL REVERSION FUNDS WHEREAS, on November 20, 2012, the School Board adopted a resolution requesting the City Council re-appropriate funds that lapsed and reverted at the end of FY 2011-12. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $15,954,726 is hereby appropriated in the amounts set forth below: 1. $500,000 to the School Athletic Special Revenue Fund to purchase athletic equipment; 2. $1,454,726 to the School Operating Fund, Instructional category, to support elementary instructional and improvement initiatives; and 3. $14,000,000 to the School Reserve Special Revenue fund to address the anticipated budget shortfall in FY 2013-14 and other unanticipated emergencies. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of nPrPmhP,- , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ??.. .. , Management Services City 's Office CA12480 R-1 November 27, 2012 VIRGINIA BEACH CITIf PUBLtC SCHOOL5 ' n H e A D o F r H e c u R v e Daniel D. Edwards, Chairman School Boartl of the City of Virginia Beach District 1- Centerville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www,vbschools.com/schoolboard James G. Merrill, Etl.D., Superintendent Brent N. Mckenzie, District 3- Rose Hall Wiiliam J. "Bill" Brunke, IV, Vice-Chairman Ashley K. McLeod, At-Large District 7- Princess Anne Samuel G. "Sam" Reid, District 6- Beach Emma L. "Em" Davis, District 5- Lynnhaven Patrick S. Salyer, District 2- Kempsville Robert N. "Bobby" Melatti, At-Large D. Scott Seery, At-Large Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4- Bayside RESOLUTION REGARDtNG FY 2011/12 REVERSION FUNDS WHEREAS, On September 18, 2012, the School Board was presented with a summary of the unaudited financial statement for FY 2011/12 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re-appropriation is $15,954,726; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2013/14 is $36.4 million; and WHEREAS, the Administration recommends the following uses for the $15,954,726 available: •$500,000 to Fund 119, Schaol Athletics Fund, for athletic equipment •$1,454,726 to Fund 115, School Operating Fund Budget, Instruction Category, to support the elementary instructional and improvement initiatives •$14,000,000 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1) anticipated Operating Budget FY 2013/14 revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, and (3) other fiscal emergencies NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2011/12 Reversion Funds as presented by the Administration and that $15,954,726 be placed in the various funds and categories listed above; and be it RESOLVED: That the City Council appropriates the $15,954,726 to the various funds and categories specified in the bulleted list above; and be it FiNAILY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City af Virginia Beach this 20t" day of November 2012 Daniel D, Edwards, Chairman SEAL ATTEST: Dianne P. Alexander, Clerk of the Board 1 AN ORDINANCE TO ESTABLISH THE SPECTAL 2 REVENUE FUND-SCHOQL RESERVE IN THE CITX'S 3 FY 2003-09 OPERATING BUDGET AND TO 4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL 5 REVERSION FUNDS TO THIS FUND 6 7 WHEREAS, on May 6, 2003 the School Soard amended School Board 8 Policy # 3-2$ concerning the establishment of a reserve fund; and 9 WHEREAS, on October 7, 2003 the School Board passed a 10 resoiutzan zequesting the appropriation of $448,021 in FY 2002-03 11 school reversion fvnds to a reserve fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 0F 13 VrRGINIA BEACH, Virginia: 19 1. That a new fund, known as the "Special Revenue Fund- 15 School Reserve," is hereby established in the City's accounting 16 structure. 17 2. That $498,021 of FY 2002-03 schQOl reversion funds is 18 hereby appropriated from the fund balance of the General Fund to 19 the Special Revenue Fund-School Reserve, with estimated revenues 20 increased accordingly. 21 3. That any expenditure af funds from the Special Revenue 22 Fund--School Reserve shall requzre a resoZution approved by eight 23 members of the School Board, as described zn School Board Policy # 24 3-28, "Revenue Fund," and shall also require a subsequent 25 appropriation by the City Council to the appropriate category of 26 the School Operating Budget or capita2 improvement project in the 27 Capital Bvdget. 28 4. That additians of funds to the Special Revenue Fund-Schoo 29 Reserve or its fund balance sha11 require a resolution ado ted z 30 the School Board and an a P ?y ppropriation by the Czty Counci3. 31 32 AaQpted b 33 virginia on thQ y the Counczl of the Czty of Virginia Beach, _4tt_.i aay of Navmbez ? 2003. CA-9037 Ordin/Nancode/geserveord.wpd R6 - October 30, 2003 _ r) Approved as to Legal Sufficiency '4rni?agemen oved as to n nt ? exvices ? City Attorney's fice ? ? ;,? : ,,. # Policy 3-28 - Special Reserve . and Schod eoard of the Giy of VErginla eeach Pdity 3-28 t: Page 1 af 1 BUSINESS AND NONINSTRUCTIOIYAL OPERA7I0lVS A. Generatlv In order to be an a better pomGon to respond to (i) urtexpected shortfails in state or Federal funQiny, (u) emer8ency expendrtures of a nonrecumng nature that would not have heen ankiapated at tht t4me of preparadort ar+d adoptwn of the Schoof OperaUny eud4et, or (w) other flscaE emerqenues, the board shalE set aslde a reserve for rnnhngenaes (hereinafter "Reserve Fund" or "Fund') up to two (2) pemnt of tfie prevwus years SthoW Qperat+ng Budget, may be ptaced :nto thss Fund. Yhe purpose of Chis pohcy is to spedfy whac funds shall be placed in the Reserve Fund, and to set fortfi the beartf's requirement for any expenditures to be made irorn the Fund B. Poll 1. i'he board may direct that funds irom interesk earned on the Reserve Fund baiance, yearend reverstons, actuaS-over-esUmated revenues, the sate of exeess school praperty, ar other souraes approved by the board and nty cauncrf be used to supplement the FunQ subjtct to the councd's appropnaLion of these additianai funds to the board For this purpose. 2. Any expenditure of funds in the Restrve Fund shall neqwre a resolutlon adopttd by N9ht school board members (twa-thlyds majorny of the members of the board) such resoludon shall state the purpose(s) of the expendrture, and the [atal amount to be expended. 3. Pursuant to OppUcable provisions of state law, the Reserve Fund must be approprtated by aty counal artnually as part of the school operating budget, and any funds that the baard desires to be added to the Fund dunng the fiscal year snust elso be appropnated by aty councd. Leoal Reference• Code of Va .§ 22 I-88 Ot' what school funds to cnrtsist. Code Qf Va., 5 22.1-94 Aneroonations trvcouOSV,dtY a[ W1IYit 4RyCMina bRdY far QuhFic schools Adopted by S[hoof Board: May 6, 1997 Amended by School Board: May 6, 2003 http://I0.90.85.47/AreaslPolicies/Section%2b3%20-%20Business%2pOperations/Article%20TTI%... 7/28/2003 -37- Item -V-KJ PLANNING ITEM #62449 1. BRANDON and KIMBERL Y SCOTT 2. ROSEMONT INTERSTATE CENTER, LLC 3. COLUMBUSSTATIONASSOCIATES, LLC 4. CHESAPEAKE BAY FOUNDATION/THE TR UST FOR PUBLIC LAND 5. MPB, INC. VARIANCE STREET CLOSURE STREET CLOSURE CONDITIONAL USE PERMIT CHANGE OF ZONING December 11, 2012 -38- Item -V-K PLANNING ITEM #62450 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 INDEFINATEL I) 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 11, 2012 -39- Item -V-K.1 PLANNING ITEM #62451 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of BRANDONAND KIMBERLY SCOTT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 1812 South Woodside Lane, DISTWCT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BRANDON AND KIMBERLY SCOTT for a Yariance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 1812 South Woodside Lane (GPIN 1499341275)DISTRICT 5- LYNNHAVEN The following condition shall be required: The site shall be developed substantially in accordance with the submitted Subdivision Plan entitled "Subdivision of Site 15, Part of Lot 13, Survey of Property of Shepherd J. Woodhouse, " dated May 29, 2012, prepared by WPL. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The above referenced Subdivision Plan must be submitted to the Planning Department/Development Services Center for review and recordation. This Ordinance shall be effective in accordance with Section 107(j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of December, Two Thousand Twelve December 11, 2012 -40- Item -V-K.1 PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: ITEM #62451(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 11, 2012 -41- Item -V-K.2 PLANNING ITEM #62452 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the remaining portion of "A " Avenue at its intersection with Sentara Way, DISTRICT 3 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, vIRGINIA Ordinance upon Application of ROSEMONT INTERSTATE CENTER, LLC re Street Closure of the remaining portion of "A " Avenue at its intersection with Sentara Way, DISTRICT 3- ROSE HALL The following condition shall be required: The City Attorney's Office will make the ftnal determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right- of-way, this approval shall be considered null and void. December 11, 2012 -42- Item -V-K.2 PLANNING ITEM # 62452(Continued) This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Eleventh day of December, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 ROSEMONT INTERSTATE CENTER, LLC, FOR 3 THE CLOSURE OF THE REMAINING PART OF `A' 4 AVENUE AT ITS INTERSECTION WITH SENTARA 5 WAY 6 7 WHEREAS, Rosemont Interstate Center, LLC, a Virginia limited liability 8 company (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, 9 to have the hereinafter described unimproved right-of-way discontinued, closed, and 10 vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described right-of-way be discontinued, closed and 22 vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, shown as the hatched 27 area designated and described as "DENOTES AREA TO BE 28 CLOSED, AREA = 6,798 SF OR 0.156 AC", as shown on 29 that certain plat entitled: "STREET CLOSURE PLAT 30 SHOWING A PORTION OF SENTARA WAY AND `A' 31 AVENUE TO BE CLOSED (MB 115, PG 8) (MB 292, PG 96) 32 (MB 297, PG 27) VIRGINIA BEACH, VIRGINIA" Scale: 1" _ 33 60', dated AUGUST 8, 2012, prepared by MSA, P.C., a copy 34 of which is attached hereto as Exhibit A. 35 36 37 38 39 40 GPIN: Adjacent to 1487-52-7181 and 1487-62-1040 1 41 SECTION II 42 43 The following conditions must be met on or before one (1) year from City 44 Council's adoption of this ordinance: 45 46 1. The City Attorney's Office will make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. Copies of the policy are 50 available in the Planning Department. 51 52 2. The applicant shall resubdivide the property and vacate internal lot 53 lines to incorporate the closed area into the adjoining parcels. The plat must be 54 submitted and approved for recordation prior to final street closure approval. 55 56 3. The applicant shall verify that no private utilities exist within the right- 57 of-way proposed for closure. Preliminary comments from the utility companies indicate 58 that there are no private utilities within the right-of-way proposed for closure. If private 59 utilities do exist, easements satisfactory to the utility company, must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with 62 the above stated conditions within 365 days of approval by City Council. If the 63 conditions noted above are not accomplished and the final plat is not approved within 64 one year of the City Council vote to close the right-of-way this approval shall be 65 considered null and void. 66 67 SECTION III 68 69 1. If the preceding conditions are not fulfilled on or before December 10, 70 2013, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before December 10, 2013, the date of 74 final closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the 77 underlying fee, the City Manager or his designee is authorized to execute whatever 78 documents, if any, that may be requested to convey such interest, provided said 79 documents are approved by the City Attorney's Office. 2 80 81 82 83 84 85 86 87 88 cP:rTinni iv A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and ROSEMONT INTERSTATE CENTER, LLC as "Grantee." l i th Adopted by the Council of the City of Virginia Beach, Virginia, on this day of December , 2012. CA12399 R-1 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom 32\Wpdocs\D027\P014\00047773. DOC November 27, 2012 APPROVED AS TO,,4?,ONTENT: Q ? -+ Planning D partment APPROVED AS TO LEGAL SUFFICIENCY: /l City Attorney I 3 NCITES: 1. THE PURPQSE 0F THIS PLAT IS TQ SNOW A POR71C7N flE' SEhtTARA WAY AND 'A' AV£NUE TQ BE CLOSED AND 15 tVCJT TC} BE CQN5IDERED A SOUNDARY SURVEY. ' 2, MERIDAN SQURCE BASEL3 ON VIRGIN(A STATE P1.ANE COORC}1NATE SYSTEM SC7UTH ZOhlE, NAD83/93 HARN ANQ WAS ESTABLISNEp FROM ClTY 0F VlRGIhl1,4 BEACH HORizC1NTAL Gt3NTRC7l. STATiQN G-7-6. N51'33'1 4"W 11.95??'?' S83'26'46"W 14$.63'- s83Ys7'43"w 104.96' N03'0?{3`074°'VJ ? ? ?Q ?'• ? Q? ? POlNT t7F' 8EGlNNING 35.3C?' --\ 3: ? ? rr85•06'59"E 59.83' {0 jA} .S. h'o"IaNT RG?AO (80' R/V (h!B Z92, PG 96) F'OINT C3F CQMMENCEMENT N/F w.a. ROsEMotrr ASSOCIATFS, tLC (DB 4357, PG 1435) PARCEt 'A' (M8 292, P6 96) GPIN 1487-51-4833 ?AONt?-? r.v ??v NA RutrrrYMEoE CORPORA TtON ()NS7R: 20120611000639740) LDT .38 (MB 4, PG 191) r- GPiN 14$7-62-1040 S7'49'17°E 100.00" \N N7"49`17°W 3472069.7540 E 12186052.5821 DEhdt3TES AREA TO BE CLOSED, AREA = 6,798 SF OR 0,166 AC ???,yT:?? ?.x' ? g'? '? STREE1` Ci?OSURE PLAT SFIOWING A PORTfON OF SENTARA ?.?....,._ ?? ? ? ANd 'A' AVENUE "fC? BE C?,?}SED (MB 115, PG S)(MB 292., PG 96j - __..,r?:::.??.-^?....?? ? JEfFREY J. VIE?t?E1NER?" (M8 297, PG 27) ?.._ ????-.-?306 VIRG[N!A BEACN, VIRGINIA 2012 AUGU53' 8 ? ?r? ? 4 , D SUR`???? .? ??.r.?l?-.. ? _ ? _ ._- ...?'.7{.771?'ltYA'yYtN.Y?:1??L'Kf141+'C'?}?t"?71i81Y?'?tlREt'171 C°iwii&F:tn'isauru:ntiiL'nginaoing •Ltixlcc?Arc&lecttm j?? r??? j ?1 3033 Rm,.cc Driye. Yirgf3aie Beach, YA 23462 757.490-9264 tOrcy 757-490-0634 (Fax) www.znsioaline,rnay N/F R{?SEMtINr INTER5TATE CENTER !l, LLC (D9 4472, Pc 1291) ? PARCEZ 'G-2' z (MB 297, PC 27) ? GPIN 1487-52-7181 CD N ? oa U) \-N 3471934.3059 E 12186071.1878 • A' A t?'"?ruE (50' R,?? (Ma 4 PO >s1) ,lOB# 00133 OATE: 08-0$-12 SCALE; 1"-60' pWN BY: CJS SHEET 1 flF 1 -43- Item -V-K.3 PLANNING ITEM # 62453 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/CONDITIONED, BYCONSENT, Application of COLUMBIISSTATIONASSOCIATES, LLC re Street Closure of a portion of Woodland Street, East of Columbus Drive, DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of COLUMBUS STATIONASSOCIATES, LLC re Street Closure of a portion of Woodland Street, East of Columbus Drive, DISTRICT 5- LYNNHAVEN The following condition shall be required: The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of Ciry's Interest in Streets Pursuant to Street Closures " approved by Ciry Council; however, in this case, no purchase price is required. 2. The property shall be re-subdivided and the internal lot lines shall be vacated to incorporate the closed area into the adjoining parcel. The Plat depicting said vacation must be submitted to and approved by the Planning Department for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure; however, if private utilities do exist, the applicant shall provide easements satisfactory to the utility company. 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted on the Plat entitled, "Street Closure of Woodland Street, Virginia Beach, Virginia, Department of Public Works, Engineering Group, Survey Bureau" which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final Plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 6. The applicant shall submit an application to the Cityfor an Encroachment Agreement for the existing improvements located within the unclosed portion of Woodland Street and/or the Constitution Drive right-of-way. December 11, 2012 -44- Item -V-K.3 PLANNING ITEM # 62453(Continued) 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 Eleventh day of December, Two Thousand Twelve Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 1 ORDINANCE APPROViNG APPLICATION OF 2 COLUMBUS STATION ASSOCIATES, LLC FOR 3 THE CLOSURE OF A PORTION OF WOODLAND 4 STREET EAST OF CONS'TlTUTION DR1VE 5 6 WHEREAS, Columbus Station Associates, LLC, a Virginia limited liability 7 comparry, (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, 8 to have the hereinafter described unimproved right-af-way discontinued, closed, and 9 vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met an or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virqinia Beach, Virginia: 17 18 SEGTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, 21 closed and vacated, subject to certain conditions being met an or before orle (1) year 22 from City Councif's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF STREET TO BE CLOSED 18,964 27 SQ. FT. OR 0.43535 AC.", shown as the hatched area on 28 that certain plat entitlec! "EXHIBIT DRAWING OF STREET 29 CLOSURE OF WrJOpLAND STREET VIRGINIA BEACH, 30 VIRGINIA", Scale: 1" = 60', dated N1ay 8, 2012, prepared by 31 Department of Public Works Engineering Group Survey 32 8ureau, a copy of which is attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office shall make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City is 41 nornlally determined according to the "Policy Regarding Purchase of City's 42 Interest in Streets Pursuart to Street Closures," approved by City Councii. 43 Copies of said policy are available in the Planning Department. No purchase 44 45 Portion of GPIN: 1477-63-3546 1 46 price shall be charged by the City in this street closure because the Applicant 47 is the owner of the underlying fee and is seeking this street closure to clear its 48 title. Additionally, the Applicant is dedicating a portion of its property to ths 49 City for right-of-way purposes 50 51 2. The property shall be re-subdivided and the internal lot lines shall be vacated 52 to incorporate the closed area into the adjoining parcel. The plat depicting 53 said vacation must be submitted to and approved by the Planning Department 54 for recordation prior to final street closure approval. 55 56 3. Applicant shall verify that no private utilities exist within the right-of-way 57 proposed for closure. Preliminary comments from the utility companies 58 indicate that there are no private utilities within the right-of-way proposed for 59 closure, however, if private utilities do exist, the Applicant shall provide 60 easements The satisfactory to the utility company. 61 62 4. Dedication and Quit Claim to the City of Virginia Beach shall be as depicted 63 on the plat entitled, "Street Closure of Woodland Street, Virginia Beach, 64 Virginia, Department of Public Works, Engineering Group, Survey Bureau" 65 which has been exhibited to the Virginia Beach City Council and is on file in 66 the Department of Planning. 67 68 5. The Applicant shall submit an application to the City for an encroachment 69 agreement for the existing improvements located within the unclosed portion 70 of Woodland Street and/or the Constitution Drive right-of-way. 71 72 6. Closure of the right-of-way shail be contingent upon compliance with the 73 above stated conditions within 365 days of approval by City Council. If the 74 conditions noted above are not accomplished and the finai plat is not 75 approved within one year of tha City Council vote to close the right-of-way this 76 approval shall be considered null and void. 77 78 SECTION III 79 80 1. If the preceding conditions are not fulfiiled on or before December 10, 2013, 81 2013, this Ordinance will be deemed null and void without further action by the City 82 CounciL 83 84 2. If all conditions are met on or before December 10, 2013, the date of final 85 closure is the date the street closure ordinance is recorded by the City Attorney. 86 87 3. In the event the City of Virginia Beach has any interest in the underlying fee, 88 the City Manager or his designee is authorized to execute whatever documents, if any, 89 that may be requested to convEy such interest, provided said documents are approved 90 by the City Attorney's Office. 91 92 93 94 95 96 97 98 99 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and COLUMBUS 5TATION ASSOCIATES, LLC, as "Grantee." 11 th Adapted by the Council of the City of Virginia Beach, Virginia, on this day of December , 2012. APPRO`JEQ AS TO LEGAL SUFFICiENCY: City Attorney APPROVED AS TO CONTENT: ? Planning partment CA12135 \lvbgov. com\DFS 11Applicafions\CiryLawProd\cycom32\Wpdocs1D024\P014\00047647. DOC R-1 November 30, 2012 -0 3 0 ? ? cf) ? c) 7A r m ? + Q ? II ? ? rn ? n? 0 CURVE DATA CHART NUMBER ARC RADIUS D lTA ANGLE TAN NT CNORD IRECTI N CHORD LENGTH C1 34.25 527.96 03'42 59 17.13 1J 15'05 44 W 34.24 bj RW) ?r f> ?????C (Mltl H.tQIM 370111Wh) No,uruusNw ,x/y DNUSIX-4 ? ?i ?o??? _. ; I ? r ? ? I fJ ? ° p ?l ?N p? iN U ? Vk I ' W ; N 0'2457 . 50.00' c)y ? t7) ? ? S ? ? r h I dy t sn vs ? R7 ? r? W ? aE ? ? rA ? 2 QI ? (fl ,,,. Z a` ? ?V C7 a µ? ? Zi yl Cj `-( ... ? \ .... u tz-) 1' FJ bL'? y' n ??y?, ?-'1 (T? ` ? ? 11 ?,-) p a p :: ?l a ? ? ? C) '?y ? ??t fr7 R.1 Y[j .4 . ? _i I ? _ .:.c m ...... . 411$4' 54.Oq' 250.00' » S 724'57' E 71284' 11 '-> (TQTAI) rvOw OR ? OHMt? Rc r CtXUAA9US STit77ON .- AS%SMA7E5 L11"!. 062;706 Pt.. 1142 (RL.AF) G PtN l d ?T-fi-S- 7fi9.i p; ? n3 b EXH IBIT A IQf?GUVIA S7/1 (F PLANE COCJ(?DlNATE 5 Y51 E M, 5DU tF1 2ONE`. NAD 1983f t 93,J (HARN) ? ?I C*) ?,??a ? so a ti rT"i `s -0`? °4o N ti ? ?yrn??p Q Qn ?•? ??1 ? . ? ? ? ? N • ? ? ? ? ? ? ? T U C. D r rr ? Qh Y c ? r t": `-1 b i , i ? sz? 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S 1 -45- Item -V-K.4 PLANNING ITEM #62454 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of the CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive, DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the CHESAPEAKE BAY FOUNDATION/THE TRUST FOR PUBLIC LAND, for a Conditional Use Permit re Environmental Education Center/Wind Energy Conversion System at 3957 Marlin Bay Drive, (GPIN 1489573361) DISTRICT 4 - BAYSIDE The following condition shall be required.• When the property is developed, it shall be in substantial conformance with the exhibit entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center, " dated September 4, 2012, prepared by the SMITHGROUP which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department, including a minimum of three (3) on-site handicap parking spaces. 2. A`Traff c and Parking Plan ' shall be submitted for review to the City of Virginia Beach Special Events Office that addresses a parking strategy for events with 200 or more attendees. As deemed appropriate by the Special Events Office, the elements of the Plan shall be implemented to reduce any negative impacts to the adjacent neighborhood. 3. All applicable approvals from the Health Department shall be obtained prior to issuance of a Certificate of Occupancy. 4. All approvals and required connections to the City's public sanitary sewer system, as deemed necessary by the Department of Public Utilities, shall be obtained and constructed as required. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with documentation from a Professional Engineer licensed by the Commonwealth of Virginia that certifies the towers meet the requirements of the Building Code, and that the structures (foundations) upon which the systems will be mounted will have the structural integrity to withstand the weight and the wind loads imposed on the system. 6. Prior to issuance of a building permit for the Wind Energy Conversion System, the applicant shall provide the Zoning Administrator with a copy of the "Determination of No Hazard to Air Navigation " provided by the Federal Aviation Administration Obstruction Evaluation Office for the two WECS. 7. If the Wind Energy Conversion System ceases to be operational for a period of one (1) year, the system shall be removed at the applicant's expense. December 11, 2012 -46- Item -V-K.4 PLANNING ITEM #62454(Continued) 8. The Wind Energy Conversion System, including all associated eguipment, shall be inspected by a Wind Energy Conversion System contractor two (2) years from approval by Ciry Council and then every two (2)years subsequent, to ensure compliance with Section 209 of the City Zoning Ordinance and with conditions set forth in the Conditional Use Permit. The findings of each inspection shall be submitted in writing to the City of Virginia Beach Planning Director. 9. All electrical connections from the wind turbine to the building shall be screened to be hidden from view. 10. Noise associated with the Wind Energy Conversion System shall not exceed a decibel level of SSdB (A) as measured at any adjoining property line. 11. No portion of the Wind Energy Conversion System shall be illuminated unless required by the Federal Aviation Administration. 12. The Wind Energy Conversion System shall be constructed in general conformance with the detail entitled, "Wind Turbine Details & Diagrams, " dated October 9, 2012, prepared by the SMITHGROUP. The height of the Wind Energy Conversion System pole shall be no higher than (70) seventy feet with blades extending no more than (12) twelve feet beyond the top of the pole. 13. The Wind Energy Conversion System shall be located on the site as generally depicted on the Plan entitled, "Chesapeake Bay Foundation, Hampton Roads Environmental Center, " dated September 4, 2012, prepared by the SMITHGROUP. 14. A letter from the Professional Engineering Company, SMITHGROUP, the firm who prepared the Wind Energy Conversion System Plans entitled, "Wind Turbine Details & Diagrams, " shall be submitted to the Building Official prior to the issuance of the Final Certificate, stating that "all work to install the Wind Energy Conversion System was done in accordance with said Plans. " An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of December, Two Thousand Twelve December 11, 2012 -47- Item -V-K.4 PLANNING Voting: 11-0 Council Members Voting Aye: ITEM #62454(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 11, 2012 -48- Item -V-K. S PLANNING ITEM #62455 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY BY CONSENT, Application of MPB, INC. for a Conditional Change of Zoning from AG-I 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 and December 4, 2012) DISTRICT 7- PRINCESS ANNE ' Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 11, 2012 -49- ITEM V-L APPOINTMENTS ITEM #62456 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS HUMAN RIGHTS COMMISSION December 11, 2012 -51- Item -V-N NEW BUSINESS ITEM #62458 BY CONSENSUS, City Clerk to Record: ABSTRACT OF VOTES November 6, 2012 General Election December 11, 2012 ABSTRACT OF VOTES cast in the City/County of Virginia Beach , Virginia, at the November 6, 2012 General Election, for: ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Republican Party for Electors for Mitt Romney, Presideilt and Paul Ryan, Vice President Sheila S. Noll Roger R. Schweikert George Dunton Croft Juanita Balenger David Cohen Jared M. Walczak Roger B. Elkins Gary Clarence Byler Stephen Wesley Thomas Thomas Vincent Van Auken Mark E. Sell Cortland C. Putbrese Wayne J. Ozmore, Jr. Total Votes Received 99291 (in figures) Democratic Party for Electors for Barack Obama, President and Joe Siden, Vice President Judy L. Mastrangeli Christopher M. Daniel, Jr. Edna N. Frady Janyce N. Hedetniemi Sandra W. Brandt Gary W. Crawford Melanie B. Salyer Terry Carroll Frye Betty L. Squire Ben Ragsdale, Jr. Evan D. Macbeth Anita A. White Susan Johnston Rowland Total Votes Received 94299 (in tigures) Constitution Party for Electors for Virgil Goode, President and Jim Clymer, Vice President Fulton J. Wood, Jr. Clyde Holland Perdue III Glenda Gail Parker Dianne L. Blais French Donald Mackes, Jr. Aaron Blake Lyles Charles Edward Williams, Jr. Daniel T. Turner Nathanael Douglas Rice Kathryn Musselman White Mitchell K. R. Turner James Robert Brumfield Daniel George Colburn Total Votes Received 362 (in figures) Libertarian Party for Electors for Gary Johnson, President and James P. Gray, Vice President Stewart L. Engel Arin W. Sime Laura R. Delhomme Matthew John Cholko John H. Fenter Lorin Marc Montoni Fanchion Harrell Meek James W. Lark III Glenn R. McGuire J. Todd Martinsen William B. Redpath Wilbur N. Wood III Donna L. Grebas Total Votes Received 1829 (in figures) CONTINUED ON REVERSE SIDE ?2_lectors for President aacl Vice President of the United States County/City of . Virginia Beach Page 2 of 2 Green Party for Electors for Jill Stein, President and C(ieri Hoiikala, Vice President Christopher E. Fink Jana L. Cutlip Kirit Mookerjee Paul S. Hughes Edmund Everett Dowe II Daniel A. Metraux Clifford Barry Anderson Audrey R. Clement Scott L. Burger ponald E. French Mary Theresa Scmidt Taylor James R. Lowenstern Crista L. Hiby Total Votes Received 368 (in tig-ures) TOtaI WClte-Ill VOt@S [FROM WRITE-INS CERTIFICATION] [VALID WRITE INS + INVALID WRITE INS = TOTAL WRITE IN VOTES] ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Total Number Of Overvotes For ................................................................................. Office 492 (in figures) 28 ? (in figures) We, the undersigned Electoral Board, upon examination of the official records deposited with the C/erk of the Circuit Courf of the election held on November 6, 2012, do hereby certify that the above is a true and correct Abstract of Votes casf at said election for Electors for President and Vice President of the United States. Given under our hands this /fj?ay of November, 2012. A copy teste: Electoral Board Seal , Chairman ce Chairman , Secretary ;toral Board General Election November 6, 2012 ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election heid on November 06, 2012 for, President and Vice President NAMES OF CANDIDATES ON THE BALLOT Electors for Mitt Romney - Republican Electors for Barack Obama - Democrat Electors for Gary Johnson - Libertarian Electors for Jill Stein - Green Electors for Virgil Goode - Constitution Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of OverVotes for Office TOTAL VOTES RECEI VED (IN FIGURES) 99291 94299 1829 368 362 492 28 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the President and Vice President. Mitt Romney - Republican Given under our hands this 15 "'X' d a y of A ? ? ?, 62 11_5 /1P_ , Chairman + E.1r,_ tnra1 II, ??n,itd i -,Y ;yl I , Vice Chairman ,Secretary Secretary, Electoral Board COMPLETE AND RETURN THIS FORM TO SBE TOGETHER WITH THE ABSTP.ACT FOR PRESIDENT AND VICE PRESIDENT. ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIONS THEREOF) ARE VALID. THE ENTRY OF THE NAME OF ONLY THE PRESIDENTIAL WRITE-IN IS CONSIDERED A VALID WRITE-W FOR BOTH CANDIDATES. (e.g., Joseph A. Glean is counted as a write-in for Joseph A. Glean/Darlene Herleikson and not Glean/Johnson per request of Mr. Glean; Jill Reed is counted as a write-in for Jill Reed/Tom Cary) WR1TE-INS CERTIFICATION Elecfors for President and Vice President Virginia Beach Ci L? COUNTY ? CITY WRITE-INS - SUMMARY [REQUiRED] November 6, 2012 General Election Page 1 of 1 1. Invalid Write-Ins ............................................................................. 2. Valid Write-Ins ............................................................................... 3. Total Write-Ins ............................................................................... [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] VALID WRITE-INS - DETAIL ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL ENTERED ON LINE Z ABOVE. Ross C. "Rocky" Anderson/Luis J. Rodriguez ............................... Joseph A. Glean/Darlene Herleikson ................................................ Joseph A. Glean/Jamie Johnson ...................................................... Dennis KnilllDavid Gilder ................................................................... Jill Reed/Tom Cary ............................................................................. Beverly Simmons-Miller/Beverly Simmons-Miller ........................... Sheila "Samm" Tittle/Matthew Allen Turner ..................................... TOTAL VOTES RECEIVED (IN FIGURES) 486 ENTER TOTAL INVALID 6 ENTER TOTAL VALID 492 ADD LINES "I AND 2 TOTAL VOTES RECEIVED (IN FIGURES) 2 0 0 0 4 0 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 6, 2012, do hereby certify that, the above is a true and correct certification of the write-in votes casf at said election for this office. Given under our hands this / day of November, 2012. A copy teste: Ce oralrd al , Chairman ce Chairman , Secretary ?ctoral Board IBSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, United States Senate NAMES OF CANDIDATES ON THE BALLOT Timothy M. Kaine - Democrat George F. Allen - Republican Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of OverVotes for Office TOTAL VOTES RECEI VED (fN FIGURES) 96465 95390 225 10 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the United States Senate. Timothy M. Kaine - Democrat Given under our hands fhis day of?/s2- ? 0T31 El@Ct 4 Bonrr3 3 . ? Sesl Chairman , Vice Chairman ,Secretary Secretary, Electoral Board W 'a-3STRACT of VOTES CGst in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member House of Representatives District: 02 NAMES OF CANDIDATES ON THE BALLOT E. Scott Rigell - Republican Paul O. Hirschbiel, Jr. - Democrat Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of OverVotes for Office TOTAL VOTES RECEI VED (IN FIGURES) 105847 83960 198 8 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. E. Scott Rigell - Republican Given under our hands this day of /J???'?1B? ? eP01.0- 1 Chairman J Elertar'?1 '? I, Bc, axr3 :,eal ?., , Vice Chairman ,Secretary Secretary, Electoral Board ??3STRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Mayor NAMES OF CANDIDATES ON THE BALLOT W. D. "Will" Sessoms, Jr. Richard W. "RK" Kowalewitch Walter W. "Wally" Erb Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEI VED (IN FIGURES) 124263 34145 20763 901 Total Number of OverVotes for Office 33 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Mayor. W. D. "Will" Sessoms, Jr. Given undEr our hands this day of?/?i?G?' , Chairman f?--?---.. f ~4y 4 EI4'1:to7`dl ?Bo ,in-3 Seal , Vice Chairman ,Secretary Secretary, Electoral Board ?"J?STRACTofV0?"ES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member City Council - At Large NAMES OF CANDIDATES ON THE BALLOT Rosemary A. Wilson Kenny E. Golden Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEI VED (IN FIGURES) 105771 55776 679 Total Number of OverVotes for Office 15 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member City Council - At Large. Rosemary A. Wilson Given under our hands this ? ? EL;ctr?ral EUaYd +y srFil ?. s 4A" day of4????J6Ge- , - --WIa ? Chairman , Vice Chairman ,Secretary Secretary, Electoral Board ,'?.SSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member City Council - Centerville NAMES OF CANDIDATES ON THE BALLOT Robert M. "Bob" Dyer Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of OverVotes for Office 2 We, the undersigned Electoral Board, upon examination of the officiaf records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member City Council - Centerville. Robert M. "Bob" Dyer Given under our hands this day of ,-?----?? Elect0r.:Ll ? P, o urd `t Seal ? TOTAL VOTES RECEI VED (IN FIGURES) 131821 1567 4s?? , Chairman Vice Chairman Secretary Secretary, Electoral Board : "3STRACT of VOTES VCIJt in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member City Council - Kempsville NAMES OF CANDlDATES ON THE BALLOT Amelia N. Ross-Hammond Bill J. Dale A. M. "Don" Weeks C. L. "Chuck" Smith, Jr. Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEI VED (IN FIGURES) 47112 33966 32915 32380 560 Total Number of OverVotes for Office 40 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said efection for the Member City Council - Kempsville. Amelia N. Ross-Hammond Given under our hands this ? Elrct?ral ?, ?t goarr3 ? 'y JCGl tr day of /I ?c,ry4el' , 0„ Chairman , Vice Chairman ,Secretary Secretary, Electoral Board .ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at ihe 2012 November General Election held on November 06, 2012 for, Member City Council - Rose Hall NAMES OF CANDIDATES ON THE BALLOT Glenn R. Davis, Jr. David M. McCormick Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of OverVotes for OfFice TOTAL VOTES RECEI VED (1N FIGURES) 82783 60996 643 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member City Council - Rose Hall. Glenn R. Davis, Jr. Given under our hands this /SVA- day of 4?? , ? El.ctrr-a: I? p,p5rd , Seal ? rman Cnairman ?tary tary, Electoral Board ?BSTRA cT oF voTEs Virginia Beach cast in the County/City of, Virginia, at the November 6, 2012 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Section 11 of Article I(Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just cornpensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use? TOTAL VOTES RECEIVED (IN FIGURES) YES ....... N O ...... 144180 37197 Total Number Of Overvotes For Question 32 CONTINUED ON PAGE 2 PROPOSED CONSTITUTIONAL AMENDMENTS County/City of Virginia Beach Special Election November 6, 2012 Page 2 of 2 QUESTION 2: Shall Section 6 of Article IV (Legislature) of the Constitution of Virginia concerning legislative sessions be amended to allow the General Assembly to delay by no more than one week the fixed starting date for the reconvened or "veto" session when the General Assembly meets after a session to consider the bills returned to it by the Governor with vetoes or amendments? TOTAL VOTES RECEIVED (IN FlGURES) Total Number Of Overvotes For Question YES ............. 140849 34432 NO ............. 5 We, the undersigned E/ectoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 6, 2012, do hereby certify that the above is a true and correct Absfracf of Votes cast at said election for and against the proposed constitutional amendments. Given under our hands this d?f November, 2012. A copy teste: Electoral BOard Seal , Chairman ce Chairman , Secretary ?ctoral Board d,aBSTRACT OF VOTES Cast in the City of Virginia Beach, Virginia, at the November 6, 2012 Special Election, for: ADVISORY REFERENDUM QUESTION: Should the City Council adopt an ordinance approving the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach? TOTAL VOTES RECEIVED (IN FlGURES) YES .................... 116056 68848 N O ................... Total Number Of Overvotes For Question 15 We, the undersigned Electoral8oard, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 6, 2012, do hereby certify that the above is a true and correct Abstract of Votes casf at said election for and against the question or proposition set forth above. Given under our hands this /A -- day of November, 2012. A copy tesfe: ooa,,dI , Chairman -e Chairman , Secretary ;ctoral Board 3STRACT of VOTES CGsT in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member Schooi Board - At Large NAMES OF CANDlDATES ON THE BALLOT Beverly M. Anderson Elizabeth Evans Taylor Ashiey K. McLeod Sharon R. Felton D. Scott Seery Stephen A. Johnston Alex F. Kalasinsky J. Michael Camden Sidney T. Moore Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] 984 Total Number of OverVotes for Office 35 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - At Large. 1. Beverly M. Anderson 2. Elizabeth Evans Taylor Given under our hands this A? day of Chairman + Ei?GVarai ; I B,an-1 tt' Sea1 ? TOTAL VOTES RECEI VED (IN FIGURES) 45165 41937 38731 32820 32210 14541 14510 13359 9153 Vice Chairman Secretary >ecretary, Electoral Board ?--??5TRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member School Board - At Large Special NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) 77116 Robert N. "Bobby" Melatti Stephen F. Randolph Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] 58985 658 4 Total Number of OverVotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member School Board - At Large Special. Robert N. "Bobby" Melatti Given under our h ? f Electrr,il ? I? F',p8Yr3 5e al ? ? iairman ce Chairman cretary -.retary, Electoral Board `?113STRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November Generai Election held on November 06, 2012 for, Member School Board - Centerville NAMES OF CANDIDATES ON THE BALLOT Leonard C. Tengco Eric V. Wray, Jr. Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEIVED (IN FIGURES) 73795 60659 531 Total Number of OverVotes for Office 4 We, the undersigned Electoral Board, upon examination of the ofFicial records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member School Board - Centerville. Leonard C. Tengco l;ivPn under our hands this 15±= day of / rirttG?rrJ.??' ? , o2z9l,;2,. , Chairman ?---?. ? , .? r E;?c'Wra: Boar?3 SP, 81 , Vice Chairman ,Secretary Secretary, Electoral Board „?3STRACT of !/OTES r.'Gst in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November Generai Election held on November 06, 2012 for, Member School Board - Kempsviile NAMES OF CANDIDATES ON THE BALLOT Daniei D. "Dan" Edwards Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEI VED (IN FIGURES) 127058 1126 2 Total Number of OverVotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member School Board - Kempsville: Daniel D. "Dan" Edwards Given under our hands this day of hairman ; EIGctoral ? 4 Buarci Ses1 ? ice Chairman :cretary cretary, Electoral Board „1.3STRAGT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2012 November General Election held on November 06, 2012 for, Member School Board - Rose Hail NAMES OF CANDIDATES ON THE BALLOT Joel A. McDonald, Jr. Chris D. Arney Total Write-In votes [From Write-ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] TOTAL VOTES RECEI VED (IN FIGURES) 79764 53058 468 Total Number of OverVotes for Office 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 06, 2012, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member School Board - Rose Hall. Joel A. McDonald, Jr. Given under our hands this day of Ei?c ??ra1 ? ? Board ? Seal ,.? airman e Chairman retary retary, Electoral Board -52- Item -V-O ADJOURNMENT ITEM #62459 Mayor Sessoms recognized Councilman Diezel and presented a gift from Mayor and Members of City Council. Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:38 P.M. Amanda Finley-Barnes, CMC Chief Depury City Clerk •?---R-?--,? th Hodges Fraser, MMC City Clerk City of Virginia Beach virginia William D. Sessoms, Jr. Mayor December 11, 2012 -52- Item -V-O ADJOURNMENT ITEM #62459 Mayor Sessoms recognized Councilman Diezel and presented a gift from Mayor and Members of Ciry Council. Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6:38 P.M. Amanda Finley-Ba es, CMC ? Chief Deputy City Clerk th Hodges Fraser, MMC Ciry Clerk City of Vdrginia Beach Virginia William D. Sessoms, Jr. Mayor December 11, 2012