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JUNE 25, 2013 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 25 June 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ciycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - A. RESORT AREA POLICE STAFFING -STRATEGY Chief James Cervera B. CAVALIER RENOVATION and DEVELOPMENT (City Council Discussion) C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 3:30 PM 5:30 PM I V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor - Retired 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 June 11, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION 1. PROCLAMATION - Parks and Recreation Month I. PUBLIC HEARINGS 1. Lease of City Property a. Pedal Cab Taxi Service — Resort Area b. 19th Street Market — 19th Street and Cypress Avenue 2. Franchise of City Property 31st Street Parking Spaces— Valet Use J. PUBLIC COMMENT 1. Cavalier Renovation and Development K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 2-321 to INCREASE the membership of the Social Services Advisory Board b. § 35-181 and ADD§35-186.1 re Admissions Tax 2. Resolution re 2014 Employee and Retiree Health Care Insurance Plan design and rate schedule 3. Ordinances to AUTHORIZE Franchise Agreements: a. Parking spaces on Laskin Road between Arctic and Pacific Avenues re Valet Services b. Pedal Cab operation in the Resort Area c. Old Beach Farmers Market, Old Beach Green Market and Old Beach Art Market to consolidate in the public right-of-way of the 600 block of 19th Street on Saturdays from 6:00 A.M. to 1:00 P.M. 4. Ordinances re Compensation of Council Appointees: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 5. Resolution to APPOINT Tracee N. Hackett to the position of Associate City Attorney, effective July 1, 2013 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $273,391 within the Museum's Budget re digital radio equipment for the Aquarium b. $110,269 within the School's Budget re computer equipment c. $271,668 from the Virginia Department of Agriculture and Consumer Services re reimbursement for acquisition of a Preservation Easement at 3413 Land of Promise Road d. $450,400 from the DEA Shared Asset Special Revenue fund re equipment and services for the Police Department e. $2,275,582 from Williams Farm Recreation Center CIP Project to complete construction of the Bow Creek Recreation Center L. PLANNING 1. Ordinance to EXTEND the date for an additional six (6) months to satisfy the conditions of the closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012) DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 2. Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re creation of lots at 4166 and 4168 Charity Neck Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional Use Permit re boat maintenance and storage at 583 South Birdneck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS, LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 5. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §238 re Permitted Principal Uses and Structures in Mobile Home Parks PLANNING COMMISSION RECOMMENDS APPROVAL STAFF RECOMMENDS INDEFINTE DEFERRAL b. §901 re Bakeries, Confectioneries, and Delicatessens RECOMMENDATION: APPROVAL M. APPOINTMENTS ARTS and HUMANITIES COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6/25/13 st ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2013 CITY HOLIDAYS Independence Day - Thursday, ,Inly 4 Labor Day - Monday, September 2 Veterans Day - :11onday, November 11 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 Christmas Eve (hallLdaj9 - .Tuesday, December 24 Christmas Day - Wednesday, December 25 f -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 25, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, June 25, 2013, at 3:30 P.M. Council Members Present: . Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood. Council Members Absent: Rosemary Wilson (husband deceased) Mayor Sessoms expressed condolences on behalf of City Council to Council Lady Rosemary Wilson on the loss of her husband, Tom and expressed their support for her as she goes through this difficult time. Mayor Sessoms also expressed City Council's sadness and continued support for Councilman Moss' Mother who is very ill in North Carolina June 25, 2013 -2 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 3:30 P.M. The Mayor introduced James Cervera, Police Chief. Chief Cervera expressed his appreciation to City Council for allowing him to give an over view of the Police Operations at the Oceanfront. We want to create a" visitor friendly" destination and by doing so, the economic base for the City will be increased. The Police Department also wants to build a better City. POLICE OPERATIONS AT THE OCEANFRONT City Council Pre,un.all-xi .i'.me :Ci13 Approximately 3.5 -MILLION people visit the Oceanfront every year. A number of people are drawn to the Oceanfront for the eclectic nightlife. Why Do People Come To The Ocean Front? o Vacation and Special Events o 3.5 Million annual visitors o Eclectic Nightlife o 1.5 million people live within a 45 min. drive o ABC establishments on every block o Safe environment o Reality TV show - some nights o To See and Be Seen June 25, 2013 -3 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The Police have a variety of transportation means at the Oceanfront on a daily basis. This takes a lot of training and professionalism by the Officers: POLICE TRANSPORTATION o Cars o Bikes o Motors o Horses a ATV o Helicopter o Boats June 25, 2013 11 -4- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 There are a number of major events at the Oceanfront throughout the year: o Polar Plunge o College Spring Breaks o Memorial day weekend o Patriotic Festival o 4th of July o Summer events - Beach Street USA, concerts, festivals, o Neptune Festival o Hurricanes/nor'easters/snow or ice events o Holiday lights o Charity (Walks), Runs, Races o Shamrock runs (Kids, Final Mile, 8k, Half Marathon, full Marathon) o Labor Day weekend/Rock & Roll Half Marathon o ECSC o Numerous Community and Tourist events June 25, 2013 I it -5- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The Police Department defines the Oceanfront from Rudee Inlet to 42"d Street and as far back as the Convention Center, approximately a two square mile area. Every dot represents an alcohol establishment. The area of biggest concern is from 17th to 23rd Street. Ongoing Areas of Concern o Crowd management remains a consistent challenge for summer operations; bars continue to challenge the staggered closure design The majority of aggravated assaults occur in the area of concern as depicted below: ::tdd Assaul Aggravated Assaults 3 Year Density 111 Ouarter 2011-2013 Aggravated Assaults 3 Year Density 2nd Ouarter 2010-2012 June 25, 2013 -6- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Also, the majority of robberies occur in that same area: 3 Year Robberies is' and Th Quarters Robberies Robberies 3 Year Density 3 Year Density 1st Quarter 2011-2013 2nd Quarter 2010-2012 ro The following charts summarize Oceanfront arrest and summons activity based on the Arrest Charges and Traffic Summons databases. The geographic boundaries are the Oceanfront to Arctic Avenue, beginning at Rudee Inlet to 40th Street. A total of 4, 732 arrest charges and traffic summonses were issued for the period: April 15, 2012 thru September 03, 2012: 3 Year (anlj)L:Sri`. Irl .3 Arra sis by Charge Type Type of Charge la of Charges) 2010 2011 10111 % 11112 • Change 18.5% 2012 190 Change 23.4% Felony 130 154 Misdemeanor 3,109 2904 -6.6% 2428 -164% Traffic 2 865 2524 -11 9% 2,114 .16.2% Total 6,104 5,582 41.6% 4,732 .15.29, o The number of felony charges increased during 2012 with decreases in misdemeanor and traffic charges June 25, 2013 11 -7- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The majority of individuals arrested are Virginia Beach residents. The second largest number of arrests is of individuals living in the Hampton Roads Area. The majority of arrests made are of individuals that live within a one hour driving distance to the Oceanfront. 3 Year C::c>mp risen of Arrests try Residence 50% 40% 30% 20% 10% Residence Virginia BeacHH amplon Roods VA -nalH Other w 2010 2011 2012 Jirginia Beach Hampton Roads Va. not HR 71her 2010 2011 10111 Difference 47.2% 45.6% -1.6 19.4% 23.5% 4.1 16.3% 15.0% -1.3 16.6% 15.7% -1.1 2012 11/12 Difference 464% 08 235% 5 15.8% 0.8 14.0% -1 7 o Virginia Beach residents continue to be the highest percentage of persons arrested at 46.4 percent of all arrests n Hampton Roads residents, including Virginia Beach, comprised about 70% of all arrests over the past 3 years o Visitors from areas outside of Virginia accounted for 14% percent of arrests, o decrease of about 2% from 2012 A uel�,.la�1.n",itkm^is1U':;<kM i t Approximately 35% of individuals arrested in the City are African American and 65% are Caucasian: Oceanfront vs. City--wid< Arrests by Race Ayri 15th Humph labor Day weekend People by Baca While Black Asian Indian Hispanic Unknown -h-Beach IS of Total City Wide {Excluding Beach) %ol Total o Across all races, oceanfront and city-wide proportions are about the sarne (April 15, 2012 thru Sept 3, 2012) o White individuals accounted for the highest percentage of arrests at both the oceanfront arid city-wide o Black individuals accounted for the second highest percentage of arrests for both the oceanfront and city-wide June 25, 2013 City -Wide (Excluding Beech% City -Wide (Excluding Beechi%of People by Beoe Beech Beech of Total Teta Wbne 2,306 18,115 60.5% 62.5% Black 1.392 9,459 36.5% 32.6% Asian 36 658 0.9% 2.3% ndian 21 0.0% 0.1% Hispanic 64 612 2.2% Unknown 11 129 0-3% 0.4% Total 3,810 28,99 o Across all races, oceanfront and city-wide proportions are about the sarne (April 15, 2012 thru Sept 3, 2012) o White individuals accounted for the highest percentage of arrests at both the oceanfront arid city-wide o Black individuals accounted for the second highest percentage of arrests for both the oceanfront and city-wide June 25, 2013 -8 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The Oceanfront is not a "standard" policing environment. The Police Department must take into account a lot of different facts. The Police Department recognizes that having the wrong Police Officer at the Oceanfront will cause more issues. Police Officers will initially ask for voluntarily compliance. Not a "standard" policing environment o Crowd Dynamics o Training o Supervision o Experience o Culture Police Officers will ask for voluntary compliance when dealing with minor violations. Officers educate as much as possible, believe in crime prevention and community involvement. Any crime against a person, illegal weapons, illegal drugs or disorderly conduct is all zero tolerance and arrests are made. Enforcement Strategy o Minor violations o Voluntary Compliance o Education o Crime Prevention o Community Involvement o Major Violations/Persistent Problems o Zero Tolerance o Deterrence o Community Action June 25, 2013 -9- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Below is the Summer staffing non -Holiday minimum staffing numbers: Summer Staffing Non--loliday Minimum Statfing (Night Staff) It is not illegal to be Homeless and certain areas at the Oceanfront provide a certain amount of shelter with the trees and available restrooms. June 25, 2013 -10 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Currently the City has 200 fully certified Officers on the Crisis Intervention Team and all sworn Officers completed training in 2012 for CIT "Light". The Homeless Squad works out of the 2"d Precinct. ADDRESSING CITIZENS IN CRISIS o CIT (Crisis Intervention Team) o 200 fully certified officers o CIT "Light" o All sworn officers completed training in 2012 o Homeless Squad a Enforcement o Outreach o Encampment abatement o Homeless "Point in Time" Count (yearly) a Also provided resources regarding clothing, food, lodging, employment, and medical needs Last Summer the Police Department responded to 549 lost children calls. The Police Department works hand-in-hand with lifeguards and EMS: LOST CHILDREN During the summer of 2012, the VBPD responded to 549 reported lost children. This is a little over 6 a day. o Lifeguards, EMS and Police- Coordination through Dispatch o Summer Interns/Courtesy Patrol o Hotel wristbands 2;efS L.Gr. June 25, 2013 -11- CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The "Find a Kid" program has been a huge success at the Oceanfront. Participating motels will provide wristbands for children 10 years of age and under at the time of check-in with the name and phone number of the hotel: Hotel Hl) Wristbands Keep Watulering Cbildres.Sufc on the Beath/ The Police Department is heavily involved with crime prevention efforts: CPTED/Crit e Prevention Efforts o Three phases o Stickers - by cash registers, bathrooms, etc o Brochures at oceanfront & Sandbridge - 5000 handed out o PSA - in hotels, local media, and VBTV o (video) June 25, 2013 -12 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The public safety announcement below is televised in hotels, local media and VBTV: HOTEL/MOTEL PUBLIC SAFETY ANNOUNCEMENT Call the police immediately to report a theft. INTERNATIONAL STUDENTS o International Student Outreach Program Volunteers, sponsors, and law enforcement meet with incoming foreign students to inform them about resources, safety, and local laws. Information is also available for them online and in their own languages. "FAX11. • : June 25, 2013 -13 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 In 2012, Police Officers successfully administered an AED 34 times. First Aid/CPR/AEDs/Tourniquet o In an effort to prepare for emergency events, the Virginia Beach Police Department began CPR certification courses in 2001. Training has been expanded to include basic first aid such as splinting, bandaging, and tourniquet use - in addition to CPR and the use of AEDs. The department became an integral component to the Emergency Response System with the introduction of AEDs. o Currently, the Virginia Beach Police Department has access to 166 AEDs. In 2012, Virginia Beach police officers successfully administered an AED 34 times. Crowds, resulting from Beach Street and Special Events, are fantastic for the City. Often crowds will block sidewalks while watching an Entertainer with Beach Street and Officers are there to assist pedestrians in safely passing the crowd. CROWDS - Beach Street o Appeal of Beach Street may cause crowds o We encourage this crowding o Family friendly events ;• K.. ' i 4i i; h i June 25, 2013 -14 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Below is a picture from Latin Fest: CROWDS - Special Events June 25, 2013 -15 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The crowds in the pictures below are not allowed and often will end up causing problems at the Oceanfront. This type of crowd is found at "the block" located between 17`h and 21" Streets: Providing security at the Oceanfront is far more difficult than at major sporting events. )CEANFRONT vs. SUPERBOWL SECURITY o Crowd control/screening o i.e. sporting events, concerts, o Bags are checked, magnetometers, o Military as needed June 25, 2013 -16 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 When entering a major event, individuals are sent through security check points in a very controlled environment: A lot of attention has been given to the "Week 17" — College Week. In 2012, the City had approximately 7,000 visitors versus the 40,000 visitors in 2013. There are ongoing discussions with local Universities in hopes to educate students attending future "College Week" about what will and will not be tolerated in the City: Black Number- Planned Staffing Red Number - Final Staffing June 25, 2013 -17 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 In other parts of the City, usually only one Officer works in a patrol zone; however, below is a depiction of Police density at the Oceanfront: The Oceanfront has visual behavior controls in place with the signage. After 11:00 P.M, the scene changes at the Oceanfront and there will be more cursing. ...R�.�n,�„o.�.xc3�..�.t�s June 25, 2013 -18 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Stadium lights are used on "The Block" which allows the Officers to see better at the bars closing time: o The lights get much brighter on Atlantic and also in the 200 block of 171h Street around 0115 to prepare for bar close. o Unknown if 0 has any effect on the crowd. It does make it easier for us to see people/things in the crowds at bar close time. Chaplains are used to defuse situations from escalating. Young men are sometimes more willing to listen to a Police Chaplain than a Uniformed Police Officer. CHAPLAINS o During 2010, the Virginia Beach Police Chaplains Program had 24 chaplains on the roster, including 6 new chaplains that graduated from the Chaplain Academy in March of 2010. These chaplains worked a total of 7,086 hours, to include: 1,188 hours of patrol with officers, 127 hours of walking tours on the oceanfront, and 129 call -outs and death notifications. June 25, 2013 -19 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Below is the City's Current Camera operation: CAMERAS - Current o Currently have 19 cameras o From 2nd Street to 31St Street o Monitored by Citizens Police Academy volunteers o Monitored during Night OCOP (Oceanfront Community Oriented Policing) Shift o Significant incidents are logged o "Force Multiplier" 1 person = eyes of 19 officers Below is a good example of camera capability. The Officer noticed a suspicious man and dispatched Patrol Officers. As officers approached, the man threw the handgun into the bushes. The Officer monitoring the cameras provided the information to the responding Officer, who recovered the handgun and placed the man under arrest. Current Capabilities Handgun June 25, 2013 -20 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 The goal is to increase the number of cameras from 19 to between 45-90. o Will be digital, can be enhanced Other Resort Destinations Resort Population o Ocean City MD 7,100 o Myrtle Beach 27,100 o Daytona 61,000 o Ocean City NJ 1 1,700 June 25, 2013 -21 - CITY MANAGER'S BRIEFING RESORT AREA POLICE STAFFING - STRATEGY ITEM #62908 Below are the Police Department's continued future efforts: Leaning Forward o Establish work groups focusing on internal and external initiatives o New camera system o Increased staffing o New code changes - Outreach efforts - Coordination stakeholders - Redesign options o Seek continued assistance from the community and other stakeholders for outreach efforts and recommendations for solutions, strategies and better ways to manage the oceanfront dynamics o Community Issues need Community Solutions QUESTIONS?? Mayor Sessoms thanked Chief Cervera and the entire Police Department for their outstanding services. June 25, 2013 I I -22- CITY MANAGER'S BRIEFING CAVALIER RENOVATION and DEVELOPMENT CITY COUNCIL DISCUSSION ITEM #62910 4:10 P.M. Mayor Sessoms opened the discussion regarding the Cavalier Renovation and Development, as requested by Councilman Dyer. Councilman Dyer expressed his appreciation to have the opportunity to clam his position. While he respects all of the initiatives to preserve the Cavalier Hotel and Virginia Beach being one of the best managed cities in the country, Councilman Dyer is concerned regarding the issue of trust in the community. Councilman Dyer has a personal problem with some of the public/private arrangements and has concern for the City's going into business with private companies. Councilman Dyer would like to see a better process put into place for such future projects. Council Lady Ross -Hammond stated she had received phone calls from citizens asking why it seemed that the City was only willing to work with one developer. Councilman Dyer advised that when the City deals with a particular individual or company, time and time again, it raises concern. Councilman Uhrin stated there should not be any perception on the City working with a particular individual or company on this project. City Council unanimously voted on a Resolution to offer incentives for any developer that was willing to step up and save the Cavalier. The City went through a formal process, met with the broker and responded to every single developer that submitted a bid. This process could not have been more open to any developer and the perception that says otherwise is greatly unjust. Councilman Dyer advised his biggest problem comes with special arrangements and he feels $8 - MILLION is an excessive amount. The City has a host of things that need saving and, in other situations, developers find ways to finance their projects without the City's help. Councilman Uhrin reminded everyone that short of the City's participation, the Cavalier was not going to be saved. City Council had numerous discussions as a group regarding this fact. Council Lady Henley advised this particular project is very unique in that the City developed an Incentive Package before knowing who the developer was going to be, which means the Incentive Package was for anyone who would be willing to save the Cavalier Hotel. City Council discussed this at the Retreat and saving the Cavalier and, without any opposition, the Cavalier's historic value to the City was made a priority. On April 91", when City Council adopted the Resolution and Incentive Package, that vote was unanimous with no opposition from the public. It was only after the bid was awarded that we begin hearing opposition. If the opposition is coming now because of who was awarded the bid, then that is discrimination. Councilman Moss has received numerous phone calls about the Incentive Package. The concern isn't who was awarded the Bid; the concern is the deal is too" rich ". Councilman Moss stated the financial structure of the deal has the City offering more than what is necessary to save the hotel. Councilman Davis stated: purely from a business perspective, this deal works. When Amerigroup came to the City they received 3.25%, Lifenet received 2.4% in EDIP. In future years, the City will see a return in excess of $40 -MILLION, plus the value of properties around the hotel will only increase. June 25, 2013 -23- CITY MANAGER'S BRIEFING CAVALIER RENOVATION and DEVELOPMENT CITY COUNCIL DISCUSSION ITEM #62910(Continued) Councilman Uhrin stated the reason there was not a dollar amount given prior to now is because it was up to the Developer to provide their intentions to the City. The EDIP Formula is the same as any other economic development in the City. The City told each prospected Developer that the City would be willing to provide incentives. Council Lady reminded everyone that there were several bidders. Councilman Moss feels that anyone that entered into something contractionally took a risk upon themselves. Councilman Uhrin advised City Council provided the incentives in good faith. Councilman Davis reminded the group the Developer has two plans: one that saves the hotel and one that does not. This is not a "bail out" situation. Councilman Dyer has come to respect Bruce Thompson and acknowledges that he and his company do great work and are involved in a tremendous amount of charities. He would like to discuss coming up with better guidelines and understanding for future projects. June 25, 2013 -24 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911 4:42 P.M. Mayor Sessoms introduced and welcomed Patti Phillips, Director — Finance. FY13 Budget to Actual Financial Update as of May 31, 2013 Overvie 1011 • FY13 General Fund Revenues • FY13 General Fund Expenditures Next Steps June 25, 2013 -25 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) The General Fund has budgeted Revenue for the Fiscal Year of $970 -MILLION and Expenditures of $1,035 -BILLION. Collected to date, the Revenues are $757.3 -MILLION and Expenditure are $931.1 - MILLION: X13 F RevFenue ° e Expend res pared to Budget T Y May 3 201: Revenues Local (133.3% of budget) $ 808.1 $ 667.3 $ (140.8) State (15.0% of budget) 145.4 75.8 (69.6) Federal ( 1.7% of budget) 16.7 142 (2.5) Total Revenues S =970.2 S 757.3 $1212.91 Expenditures City Operations School Operations Total Expenditures 559.9 $ 70.2 371.2, 33.8 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/12. City and School Capital Projects City and School Operating Budge School Reversion Adjusted Expenditures 9.5 18.2 21.2 16.0 $ 970.2 Revenues do not come in equally. Revenues are at 78.1% of the estimated Revenue Budget. June 25, 2013 -26 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911 (Continued) • Still need to collect21.9% of revenues • Total Revenue follows the trend line — Includes Tax Relief for Elderly & Disabled of $15.7M — Includesdelinquents from prior years Several items are on a 1- 2 One of the most significant revenues for the City is Real Estate, which is at 83.2% of collection: e Revel ues"="F 20 9-2013 FY 1009 F1'2OIO FY 3011 FY3013 FY 2013 moo/clue! Collection. OTTO of Total "Total Citywide Budget of $474.3M June 25, 2013 -27 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911 (Continued) Personal Property Taxes are historically difficult to predict. This was due June 5`h; however, the initial projection is that the City will miss Budget by $1- to 2 -MILLION. Persona Prope axes exch.. des PPT at 32,2009-20 General Sales Tax is up 2.5% from this time last year: Gene ral°eTaxes ' May 31, 2009 - 2023 June 25, 2013 -28 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) Ut i y Taxes 31,2003-2013 June 25, 2013 -29 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) Telecom nicationsTxe May 31,2009-2Ol3 Business License collections thru May has exceeded the Budget: Business i ice sos May 31, 2009 - 2013 June 25, 2013 -30 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) The City continues to do well with this Tax which is a good sign that the Resort Area and Hotels are doing well overall: otei Room "Taxes - GF Po o Onl® Maya ,2009-2013 SActual Collections ©YTD +a—X of Total otal Ho o Room Taxes May 3,2009-2013 $23.0 $21.1 Actual Collections YTD t% of Total I June 25, 2013 -31 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) Room Tees (Pn onions) Total Hotel Room Tax FY13 Budget = $25,4M CBD TIF rose tYGS S5OOK aneaally from GF (S222K) and TIP (S2781() Notes tem Tax= 8% plus S1 room hlghta;. Note: 58 SSD has as additional 2 Y % tax The City continues to do well with this Tax and fully expects to make Budget: Meat Taxes May 31, 2009 - 2013 2010 FY2 June 25, 2013 1 -32- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) Tata ltaut as 1 Taxes v31,2009-2013 ... I 3.4% Up from FY12 I W BUDGET ;55.2 — ,.. - 126' - 761{ 2551 553.5 550.8550.1 548.3 $48.4 $48.4 ..... 'iiiIi' Ceal Tax FY13 Budg June 25, 2013 -33 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911 (Continued) mry cfCy's Revenues O Real Estate Taxes Personal Property Taxes Pers. Prop. Tax Relief Act General Sales Tax Utility Taxes Telecommunications Taxes Business Licenses Hotel Taos Restaurant Taxes Charges for Services Other Local Revenues State Revenues Federal Revenues 439.0 $ 365.2 83.2 79.0 48.9 61.9 53.4 6.5 12.2 54.1 45.7 84.4 25.7 21.6 84.0 19.3 14.9 77.5 42.4 43.7 103.1 5.6 5.3 95.5 35.1 31.9 90.8 54.7 45.7 83.5 53.2 44.4 83.4 92.0 69.3 75.3 16.7 14.2 84.8 " GF portion only "% does not include PPTRA portion June 25, 2013 -34 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) The City continues to do well with Expenditures as well. Expenditures are down 2.9% from this time last year: FY 13 YTD Genfal Fund'Expenditures Cis 1. ed to Historic Trend at May 31, 2013 • ^,. A.�c.,. ..,.. FY13 YTL) GF 2R en es fir. to Historic Trend 100.0% YTD ACTUAL = $931.1M 85.2% 92.9% 90.0% I ACTUAL EXPENDITURES= $931.1M ANNUAL BUDGET =S1,O35.1M 6$? 1. 66Vi ' 34 69.8% 74.5% 61.7% 66.8% 82.1% / nuo_. 70s% 78.1' 6.8Tg % 58.8' 53.9^^/n . 59.3% 457% y 51.8% 38.1% 43.5% ii. [•ja 43.5% d % 49... Si.i% 36.1% 27.9 19.2% rte 26.1% 41.9% 2096 10.8% 18.2% 0.6% lol Aug Sep Oct Nov Der lair... Feb Mar ®4-¢ap dl re Trend ..>a%of FV 3 Exp Budget j Apr May Ion Gontpared FY13 YTL) GF 2R en es fir. to Historic Trend Expenditures at May 31, 2013 'x z ., 90.0 82.1% ACTUAL REVENUES= $757.3M 1 I ACTUAL EXPENDITURES= $931.1M I 8041 f l / nuo_. 70s% 78.1' 6.8Tg % 58.8' 6094 8. t., $ ii. [•ja 43.5% d % 49... Si.i% 36.1%3/0.Y/�, t9 6.1% 2^h / 41.9% 2096 ..18.2% 90w., 10.69 1y 13.5% 6^e 9.0% 41% Iul L9% AugSep Oct Nov Dec Ian -Feb. 1 .Mar Apr May lue June 25, 2013 -35 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911,(Contin ued) Satanes Fringe Benefits Operating Expenses Capital Outlay Leases, land Structures and hrprovcncnls Debt Service Transfers to SebooLs Transfers to CIP Transfers to Waste Management Transfers to Sheriff Transfers to Park: and Rea Transfers to Other Areas Reserve for Conim8encies Total I''.apendilures by Type Auowl : 17DAclwl Budget Eapeodltuses. 24105,043 4 218,592,152 99,503,541 81 307,127 158,21X,504 139,527,438 7,846,608 7532,995 5,168,624 4,080,677 48,083,117 45,533,024 404,990,906 371241,664 29,443,055 27,028,413 14,760,178 13,522,830 14,896,783 13,655,384 5,539,080 5,077,865 4,238,012 4,010,164 573,962 - 23,292 891 18,196,414 18,679,066 313,613 1,087,947 2,550,093 33 749,242 2,414,642 1,237,348 1,241,399 461,215 227,848 573,962 S 1,035,135,413 S 931,11)9,733 S 104,125,689 • FY 1 General Fund Expendx a wes Total at May 31, 2013 - $931.1M, or 90.00, of $1.035M Budget Summary of Actual Expenditures Under Budget at June 30: (in millions Total % of Total Budget City' % of City Budget Schools 2008 (Actual) $55.5 5.1% $20.2 2.8% $353 2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9 2010 (Actual) $45.3 4.1°'0 $27.6 3.6% $17.7 3011 (Actual) $32.1 3.190 $22.4 3.2°% $9.7 2012 (Actual) $31.1 3.1°o $15.1 2.4 o $16.0 June 25, 2013 -36 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #62911(Continued) eneral Fund Ex endite Next Steps Closeout of financial statements FY13 - Aug 15th • Unaudited financial statements FY13 - Aug 27th Audited CAFR FY13 - Dec 10th Mayor Sessoms thanked Ms. Phillips and her entire team for their work. June 25, 2013 -37 - CITY COUNCIL COMMENTS 4:56 P.M. ITEM #62912 Mayor Sessoms advised the Chesapeake City Council is being briefed today on a program very similar to what the City has addressed re encroachments around Oceana. Delegate Barry Knight advised Mayor Sessoms of the Briefing. Chesapeake is in a position to come up with 50% of a State Dollar Match for 2015 Budget Issue. There is a possibility that some of the State Funds the City of Virginia Beach receives could be taken and given to Chesapeake to address encroachments. The BRAC Agreement states we are to address encroachments around Virginia Beach and Chesapeake. ITEM #62913 Councilman Moss expressed his appreciation of the Report relative to the UVA analysis of population but would like to see if we look across a relative time span between what we are predicting and their projections. Also, what are the consequences of their revenue projections being used versus what the City projects. June 25, 2013 -38 - AGENDA REVIEW SESSION 4:58 P.M. ITEM #62914 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 2-321 to INCREASE the membership of the Social Services Advisory Board b. § 35-181 and ADD5C35-186.1 re Admissions Tax 2. Resolution re 2014 Employee and Retiree Health Care Insurance Plan design and rate schedule 3. Ordinances to AUTHORIZE Franchise Agreements: a. Parking spaces on Laskin Road between Arctic and Pacific Avenues re Valet Services b. Pedal Cab operation in the Resort Area c. Old Beach Farmers Market, Old Beach Green Market and Old Beach Art Market to consolidate in the public right-of-way of the 600 block of 19`'" Street on Saturdays from 6:00 A.M. to 1:00 P.M. 4. Ordinances re Compensation of Council Appointees: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 5. Resolution to APPOINT Tracee N. Hackett to the position of Associate City Attorney, effective July 1, 2013 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $273,391 within the Museum's Budget re digital radio equipment for the Aquarium b. $110,269 within the School's Budget re computer equipment c. $271,668 from the Virginia Department of Agriculture and Consumer Services re reimbursement for acquisition of a Preservation Easement at 3413 Land of Promise Road d. $450,400 from the DEA Shared Asset Special Revenue fund re equipment and services for the Police Department e. $2,275,582 from Williams Farm Recreation Center CIP Project to complete construction of the Bow Creek Recreation Center ALTERNATE VERSION FOR ITEM #1b COUNCILMAN MOSS SHALL VOTE VERBAL NAY ON ITEM #4a/d AND 6e June 25, 2013 -39- AGENDA REVIEW SESSION ITEM # 62914(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Ordinance to EXTEND the date for an additional six (6) months to satisfy the conditions of the closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012) DISTRICT 2 — KEMPSVILLE 2. Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re: creation of lots at 4166 and 4168 Charity Neck Road DISTRICT 7 - PRINCESS ANNE 3. Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional Use Permit re boat maintenance and storage at 583 South Birdneck Road DISTRICT 6 - BEACH 4. Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS, LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd DISTRICT 4 - BAYSIDE 5. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §238 re Permitted Principal Uses and Structures in Mobile Home Parks b. §901 re Bakeries, Confectioneries, and Delicatessens ITEM #5a SHALL BE DEFERRED INDEFINATELY June 25, 2013 -40- ITEM#62915 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees Performance and Salaries of City Council 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 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District June 25, 2013 -41- ITEM# 62915 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:12 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: (Closed Session Rosemary Wilson (husband deceased) 5:12 P.M. 5:54 P.M.) June 25, 2013 -42 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 25, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 25, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson (husband deceased) INVOCATION: Reverend Walter A. Whitehurst Pastor - Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. June 25, 2013 -43- 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. June 25, 2013 Item -V-E CERTIFICATION -44- ITEM #62916 Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye. Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 I RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #62915 Page 41, 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. Rxt'th Hodges Fraser, MMC City Clerk June 25, 2013 Item -V-F.1 MINUTES -45- ITEM #62917 Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 11, 2013. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson June 25, 2013 1 I -46- ADOPT AGENDA FOR FORMAL SESSION ITEM #62918 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 25, 2013 -47 - Item -V-HI PRESENTATION ITEM #62919 PARKS AND RECREATION MONTH Mayor Sessoms introduced Michael Kavort, Director - Parks and Recreation, and presented a Proclamation declaring July 2013 "Parks and Recreation Month ". Mayor Sessoms encourages all citizens, City members and civic organizations to join him in supporting the City's Parks and Recreation programs by vising a community Recreation Center, park or other natural area. Mr. Kalvort expressed his appreciation to City Council for their continued ongoing support of Parks and Recreation. June 25, 2013 ruclamati n Whereas: Parks and recreation programs are an integral part of the City of Virginia Beach with 265 parks andpark faci1tie., seven community recreation centers, 5,613 acres of parkfar4 and Whereas 'Eighty-three percent of the community resides within a half -mite commute to a park aruf Whereas: Parks and recreation programs are vitally important to estaffishing and maintaining the quality of life in our community, ensuring the health of ad- citizens, programming active and passive activities for citizens, and contributing to tfre economic and environmental welt -being of our community and Whereas: (Parks and recreation is an integral part of Envision'Virginia Beach 2040 andcontri6utes to the achievement oldie sustairurfifity plan; and. Whereas 6'arks and recreation programs provide therapeutic recreation services for indroiduafs tvitfi cognitive or physical needs;; and Whereas: The Parks and Recreation Department is tfie largest youth development provider in tfie city serving over 8,800 children annually; and Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, tfie attraction and retention of businesses, and crime reduction; and Whereas: Parks aruf natural areas improve water quafi'ty, improve the quality of the air we breathe, and pmduce habitatforwirdfe; and Whereas Parks and natural areas and open space ensure tfre ecological beauty of our community and provide a place for children and adults to connect with nature and outdoors; and Whereas: 'The Trust for Public Land recently ranked Virginia Beach as the 8th best park system nationally; and Whereas This year is the 5O'h anniversary of the City and arks and Recreation enables our citizens countless ways to lave the fife. Now 7Terefore, I, 'Wi tam D. Sessoms, Jr., Mayor of the City of Virginia Beach, do hereby rProdaim: JuCy 2013 Parks and- Recreation _Month In Virginia Beach, and I encourage all citizens, city members and civic organizations to join me in supporting our Parks and Xecreation programs 6y visiting a community recreation center, parkorother natural area. In 'Witness Whereof, I have hereunto set my hand and caused the Official Seal- of the City of Virginia Beach, Virginia, to he affixed this Twenty-fifth day of June, Two ThousarufThirteen. 'William D. Sessoms, Jr. 'mayor I -48- Item-V-Lla/b PUBLIC HEARING ITEM #62920 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY a. Pedal Cab Taxi Service — Resort Area b. 19`x' Street Market — 19th Street and Cypress Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 25, 2013 -49- Item -V-I.2 PUBLIC HEARING ITEM #62921 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE OF CITY PROPERTY 31ST Street Parking Spaces — Valet Use There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 25, 2013 -50 - Item -V-J PUBLIC COMMENT ITEM #62922 Mayor Sessoms DECLARED A PUBLIC COMMENT: CAVALIER RENOVATION AND DEVELOPEMNT The following registered to speak: R.J Nutter, representing Bruce Thompson, 300 32nd Street, Phone: 491-3000, spoke on behalf of Cavalier Associates, LLC. Mr. Thompson was unable to attend as tonight is Annual Awards Night for the JT Walk. Mr. Nutter applauds the City and Mr. Thompson to meet the time restrictions. Mr. Thompson has met with the Receiver and will formally take over operations of the hotel upon closing (July 22, 2013). Mr. Thompson fully intends to comply with the Term Sheet and hopes to register this property on the National Historical Registry. Mr. Thompson has a number of meetings set with a variety of individuals that may be affected by this transaction. Mac Rawls, 612 Thalia Road, Phone: 463-2423, Chairman of the Cavalier Hotel Task Force. Mr. Rawls advised the Site is far more valuable than the hotel and the City agreed to offer incentives to any developer that would be willing to save the hotel. Eight (8) developers submitted bids. Mr. Rawls expressed his appreciation to the City for their efforts to preserve the hotel. Nancy Creech, President Neptune Festival, spoke in FAVOR. Ms. Creech stated the City is fortunate that someone stepped up to the plate to save the property. Mr. Thompson does a tremendous job with all of his properties and is assuming a huge risk. The City had no hand in selecting the winning bid and she takes personal offense to individuals accusing City Leaders of participating in "back door deals". Marlayna Castelluzzo, Virginia Beach Taxpayers Alliance, spoke in OPPOSITION. Ms. Castelluzzo stated it appears the City is a secret partner with Bruce Thompson and Cavalier Properties, LLC. The City is going against the EDIP Policy and questioned whether the Gap Financing Incentive was communicated to all Bidders. Mr. Thompson is taking advantage of this program. Petey Browder, spoke in OPPOSITION. Ms. Browder stated this project should not be considered as the $18 -MILLION is not the City's to give away. Government has no business in the hotel business. Fred Aucmap, Ocean Hills Homeowners Assoc., 3928 Oak Ridge Cir, Phone: 425-7359 , spoke in FAVOR. Judge Aucamp reviewed the Term Sheet and it appears to be the only option unless the hotel is demolished. This project is far more desirable than having 2,800 high rise condominiums. Judge Aucamp would like to have the traffic on Holley Road addressed and will be meeting with Mr. Thompson on this subject in the near future. Judge Aucamp thanked City Council for their efforts in preserving this historical hotel. Bernice Pope, VB Historic Preservation Commission, 214 44th Street, Phone: 343-8666, spoke in FAVOR. Ms. Pope feels if the City loses the hotel the reality is the City loses a connection to the Resort's past. This is a great opportunity to save this "grand old building ". June 25, 2013 -51- Item -V-J PUBLIC COMMENT ITEM #62922(Continued) Joe Bellec, 605 Barbertion Drive, Phone: 348-5543, spoke in OPPOSITION. Mr. Bellec expressed concern over the expediency of this deal and why so many incentives are being offered. Chris Bonney, 813 Gilbert Cir, Phone: 481-7030, spoke in FAVOR. Mr. Bonney is a long time City resident and created a FaceBook Page, entitled: "Save the Old Cavalier Hotel ". Today more than 3,400 are taking part in this FaceBook conversation. Mr. Bonney applauds City Council for extending incentives to the bidders and cannot wait to see what happens with this hotel. This is a win/win for everyone as it will create year `round jobs and bring visitors to the City. Scott Cutchin, Cavalier Task Force, 404 54th Street, spoke in FAVOR. Mr. Cutchin is excited at the possibility of the hotel being renovated into a 5 -Star Hotel and will become a Grand Historical Hotel. Currently, the Commonwealth has only 4 Historical Hotels. Tanya Arney, 744 Tan Oak Court, Phone: 513-4056, expressed concern about funding and stated families in the City should not incur the tax burden. Mrs. Arney recommended the City work with the Developer to allow him to gain more capital to finance this project solely. The City must have good business practices and remember all taxpayers. Chris Arney, 744 Tan Oak Court, Phone: 513-4056, spoke in OPPOSITION. Mr. Arney resides in Rose Hall District and a number of families are struggling to make ends meet. Citizens should not take on this tax burden. G. George Minns, 236 Shipp Lane, Phone: 575-8109, stated Seatack Community is the oldest African American Community in America and the City has done nothing to preserve it. Mr. Minns expressed concern regarding the City's approach being used which is exclusive to "White Businesses ". Mr. Minns would like to see a change in the way the City does business. They should follow recommendations of the Minority Business Council. Andrew Jackson, 153 Upperville Rd, Phone: 472-0901, spoke in OPPOSITION. Mr. Jackson expressed concern over the funding and the City's business approach. Jiminy Frost, 2240 Windom Place, Phone: 343-6768, spoke in FAVOR. Dean Anninous, 1545 Wolfsnare, Phone: 759-7795, spoke in OPPOSITION expressing concern over the funding. Robert Rust spoke in OPPOSITION. Mr. Rust expressed concern over the funding and feels it is an insult to the rest of the hard working citizens. Henry Howell, Jr., Eminent Domain Law Group, spoke in FAVOR. Mr. Howell is a property rights advocate and endorses public/private partnerships as an alternate use of Eminent Domain. R. C. Harding, spoke in OPPOSITION, stating he felt compelled to appear in person to express his outrage over this project. Corporate welfare cannot continue. James Alverson , 2452 Seven Kings Road, Phone: 817-1796, spoke in FAVOR. Mr. Alverson drives from the City to Langley every day because he and his wife , after being in Virginia Beach on two Military assignments, chose to make the City their home. Mr. Alverson advised this is a win/win project and makes good business sense. June 25, 2013 -52- Item -V-J PUBLIC COMMENT ITEM #62922(Continued) Kristina Chastain, 5401 Lakeside Avenue, Phone: 615-0920, owner of Captain George 's Seafood Restaurant and a major tax contributor to the City, spoke in FAVOR. Ms. Chastain stated historic properties are rare in Virginia Beach. The City should not miss the opportunity to save this hotel. Robert Dean spoke in OPPOSITION Mr. Dean advised the recent Virginian Pilot On -Line Poll showed 77% of individuals do not feel the City should participate in this deal. Mr. Dean stated the hotel does not provide anything to the City and is just another example of government picking "winners and losers ". B.A. Andrews, spoke in OPPOSITION and requested the City let the Cavalier "die ". The City does not have the funds to put toward this project. Marlayna Castelluzzo, spoke in OPPOSITION and stated it is interesting to see how much money is found when it comes to helping "friends" of the City. Albert Burckard, spoke in FAVOR and urged City Council to do everything possible to save this "grand old hotel ". Waverly Woods, Chairwoman, Hampton Roads Tea Party, 2453 Haversham Close, Phone: 749-8266, spoke in OPPOSITION to the $18 -MILLION investment. Ms. Woods requested the City allow Mr. Thompson to assume the risk on his own as the City never has enough money for public safety or education. The City Council's priorities are not in line with the citizens' priorities. Reid Greenmun , 2405 Cliff Cutter Drive, Phone: 426-5589, spoke in OPPOSITION and requested City Council not support the deal. Mr. Thompson should assume the risk alone and this is just another example of government picking/choosing winners and losers. Keith Freeman, Hampton Roads Tea Party, spoke in OPPOSITION. Mr. Freeman stated the hotel should be saved but should not be done with public monies. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 25, 2013 -53 - Item —V -K ORDINANCES/RESOLUTIONS ITEM #62923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1a/b (ALTERNATE VERSION), 2, 3a/b/c, 4a(MOSS VERBAL NAY)/b/c/d(MOSS VERBAL NAY)/e, 5, and 6a/b/c/d/e(MOSS VERBAL NAY) of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -54- Item-V-K.1a ORDINANCES/RESOLUTIONS ITEM #62,24 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. § 2-321 to INCREASE the membership of the Social Services Advisory Board Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AMEND SECTION 2-321 2 OF THE CITY CODE TO INCREASE THE 3 MEMBERSHIP OF THE SOCIAL SERVICES 4 ADVISORY BOARD 5 6 SECTION AMENDED: § 2-321 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-321 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-321. Creation of social services advisory board; general function; powers 15 and duties. 16 (a) There is hereby created a social services advisory board for the city, 17 which shall consist of seven (7) nine (9) members appointed by the city council. The 18 director of human services shall be an ex officio member, without any voting privileges. 19 (b) The board shall act in an advisory capacity to the director of human 20 services with respect to the duties and functions imposed by title 63.2 of the Code of 21 Virginia. 22 (c) The powers and duties of the board shall be as enumerated in section 23 63.2-305 of the Code of Virginia. 24 (d) As required by section 63.2-305 of the Code of Virginia, and 25 notwithstanding the provisions of City Code section 2-3(b), no voting member shall 26 serve more than two consecutive four-year terms. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of June , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12676 R-1 June 17, 2013 -55 - Item -V-Klb ORDINANCES/RESOLUTIONS ITEM #62925 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, ALTERNATE VERSION, BY CONSENT, Ordinance to AMEND the City Code: b. 5C 35-181 and ADD05-186.1 re Admissions Tax Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 ALTERNATE VERSION 1 AN ORDINANCE TO ADD SECTION 35-186.1 AND 2 TO AMEND SECTION 35-181 OF THE CITY CODE 3 PERTAINING TO THE ADMISSIONS TAX 4 5 SECTION ADDED: 35-186.1 6 7 SECTIONS AMENDED: 35-181 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained 13 to read as follows: 14 15 Sec. 35-181. - Definitions. 16 17 The following words and phrases, when used in this article, shall, for the purposes 18 of this article, have the meanings ascribed to them in this section, except where the 19 context clearly indicates a different meaning: 20 Admission charge means the amount paid for admission to any event which is open 21 to the general public and to which admission is charged, exclusive of any federal tax 22 thereon, including a charge made for season tickets. In the case of season tickets, 23 the basis for the admissions tax shall be the price of comparable tickets or seats; 24 provided, however, that if there are no comparable tickets or seats, the basis for the 25 admissions tax shall be the price of a season ticket divided by the number of events 26 the season ticket holder is entitled to attend. If an event is comprised of several 27 performances, and an admission charge must be paid for each separate 28 performance, each performance shall constitute an "event" for purposes of this 29 article. "Admission charge" shall not include the registration fee paid by persons 30 who attend a conference, convention, seminar, symposium or similar event 31 provided a majority of the attendees are, prior to registration, members of the 32 organization conducting the event. 33 City treasurer means the treasurer of the city and any of his duly authorized 34 deputies and agents. 35 Commissioner of the revenue means the commissioner of the revenue of the city 36 and any of his duly authorized deputies and agents. 37 Event promoter means a person or business entity that registers an admissions tax 38 account with the commissioner of the revenue and such person or business entity 39 does not meet the definition of a "place of amusement." 40 Place of amusement has the meaning provided by section 35-182(a)(4). 41 42 43 44 Sec. 35-186.1 — Requirement of bond or other form of security for restaurants 45 and similar businesses that collect a cover charge; Requirement of bond for 46 event promoters. 47 48 (a) The commissioner shall require all restaurants, clubs, or any other similar 49 businesses that desire to collect an admission charge commonly referred to as a 50 "cover charge" to post annually a bond with corporate surety to insure faithful 51 performance of the business's duties to the city as to admissions taxes collected 52 and held in trust for the city. The bond, including the corporate surety thereon, shall 53 be in a form deemed satisfactory to the city attorney. The bond shall be in an 54 amount not less than the largest monthly admissions tax collection by the business 55 during the previous tax year or, for a new business, an amount based upon the 56 maximum occupancy of the place of amusement. Notwithstanding the foregoing 57 provisions, no such bond shall be issued or accepted in an amount less than one 58 thousand dollars ($1,000.00). 59 60 (b) The commissioner shall require any "event promoter" that desires to 61 collect an admission charge commonly referred to as a "cover charge" to post a 62 bond for each event with corporate surety to insure faithful performance of the event 63 promoter's duties to the city as to admissions taxes collected and held in trust for 64 the city. The bond, including the corporate surety thereon, shall be in a form 65 deemed satisfactory to the city attorney. The bond shall be in an amount not less 66 than the anticipated cover charge multiplied by the maximum occupancy of the 67 location of the event utilizing a ten percent hourly turn -over multiplier. 68 Notwithstanding the foregoing provisions, no such bond shall be issued or accepted 69 in an amount less than one thousand dollars ($1,000.00). 70 71 (c) The commissioner of the revenue may accept an irrevocable letter of 72 credit in lieu of the bond required by this section, provided that the letter must be 73 reviewed and approved by the city attorney. 74 75 (d) The commissioner of the revenue shall provide evidence of compliance 76 with this section to the operator of a place of amusement or the event promoter. 77 The operator of a place of amusement or event promoter shall produce the receipt 78 or evidence of compliance with this section upon demand by an agent of the 79 commissioner of the revenue or any law enforcement officer of the city during the 80 operation of the place of amusement or the duration of an event where a cover 81 charge is collected. The operator of the place of amusement or the event promoter 82 shall be guilty of a Class 1 misdemeanor for the failure to produce the evidence of 83 compliance when demand for same has been made by either an agent of the 84 commissioner of the revenue or any law enforcement officer. 85 86 (e) Any person who accepts payment for an admission charge or "cover 87 charge" shall be guilty of a Class 2 misdemeanor for the failure to produce the 88 evidence of compliance referenced in subsection (d) when demand for the same 89 has been made by either an agent of the commissioner of the revenue or any law 90 enforcement officer. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June , 2013. APPROVED AS TO CONTENT: Commiss CA12651 ALT -1 June 5, 2013 APPROVED AS TO LEGAL SUFFICIENCY: r of the Revenue City Attorney's Office -56 - Item -V-K.2 ORDINANCES/RESOLUTIONS ITEM #62926 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re 2014 Employee and Retiree Health Care Insurance Plan design and rate schedule Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 1 A RESOLUTION REGARDING THE CITY'S 2014 2 EMPLOYEE AND RETIREE HEALTH CARE 3 INSURANCE PLANS 4 5 WHEREAS, the next Health Care Plan year takes effect January 1, 2014; and 6 7 WHEREAS, the Benefits Executive Committee has recommended some changes 8 to the health care plan offerings and to the rates for plan year 2014. 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT 12 13 1. The City Manager, or his designee, is hereby authorized to work with the 14 Consolidated Benefits Office to implement the Health Care Offerings to City 15 employees as outlined below: 16 17 a. Adopt the rates set forth in Exhibit A for plan year 2014. 18 19 b. Implement the plan design changes and enhancements set forth in Exhibit 20 B for plan year 2014. 21 22 2. The City Auditor is directed to conduct an audit of health care claims by an 23 independent outside firm. The City Auditor is also directed to perform periodic 24 audits of the health care program as deemed necessary. 25 26 3. The City Auditor is directed to provide for an actuarial evaluation of retiree health 27 care costs biannually. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / Manago' en Services CA12673 R-1 June 11,2013 (1, City Attorney's Office EXHIBIT A PLAN YEAR 2014 RATES 2014 Active School and City POS Rates with VBWellnessforLife Incentive* Tier Total Cost Employer Contribution Employee Contribution Employee Only $490.62 $441.56 $49.06 Employee & Child $794.67 $668.87 $125.80 Employee & Children $1,198.17 $861.43 $336.74 Employee & Spouse $1,143.76 $840.14 $303.62 Family $1,601.02 $1,019.06 $581.96 2014 Active School and City POS Rates without VBWellnessforLife Incentive* Tier Total Cost Employer Contribution Employee Contribution Employee Only $490.62 $399.89 $90.73 Employee & Child $794.67 $627.20 $167.47 Employee & Children $1,198.17 $819.76 $378.41 Employee & Spouse $1,143.76 $798.47 $345.29 Family $1,601.02 $977.39 $623.63 *The amounts shown are monthly rates. EXI-IIBIT 13 PLAN DESIGN CHANGES FOR PLAN YEAR 2014 Increase the Point of Service deductible to $300/$600 2. Remove the Point of Service deductible from applying to office visits and urgent care visits 3. Increase the Point of Service hospital copay to $500 4. Increase the Point of Service outpatient surgery copay to $250 5. Increase the pharmacy copays if a non -preferred pharmacy is utilized to: Preferred Tier Standard Tier Premium Tier Premium Plus Mier $15 $30 25% Min $45, Max $60 50% Min $60, Max $120 11 a preferred pharmacy is utilized the copays will remain: Preferred Tier Standard Tier Premium Tier Premium Plus Tier $10 $25 25% Min. $35, Max $50 50% Min $50, Max $100 6. Implement a preferred pharmacy network 7. Increase the Point of Service global maternity office visit copay to $200 8. Implement "Telemedicine -- MDLive 9. Implement Accordant Rare Disease Management 10. Implement Sentara Quality Care Network (SQCN) for a one year commitment as a pilot program with future decisions whether to continue this enhancement in the future QS lag T Ttf.F OUR NASI 1.-W t VI3gov.com City of Vir-pi rn i a 13 each OFFICE OF THE CITY MANAGER (757) 385-4242 FAX (7571427-5626 June 14, 2013 The Honorable Mayor and Members of City Council Subject: 2014 Health Care Plan Design & Rates Dear Mayor and Council Members: MUNICIPAL CENTER BUILDING 1, Room 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 The Benefits Executive Committee (BEC) appreciated the feedback provided by city and school leadership during the June 4, 2013, comprehensive briefing on our 2014 Health Plan projections and strategy. The attached document provides answers to questions asked during the briefing as well as a revised recommendation on changes to plan design and the resulting impacts to employee rates and total plan cost. The BEC has spent a tremendous amount of time over the past five months along with Mercer, our health care consultant, to analyze our health care data, trends, costs, plan design change options and strategies. Based on your feedback, the BEC has developed revised recommendations that will reduce projected plan costs by $3.8 million. We believe the new plan design more closely approximates the cost savings city and school leadership desires while still providing reasonable cost sharing with our employees. An ordinance outlining the revised Health Plan recommendations will be prepared and placed on the June 25, 2013 agenda for your consideration. If you have any questions before you consider the ordinance, do not hesitate to contact me or Linda Matkins, Director of Benefits at 263-6917. Sincerely, Deputy City Manager CAC/amh c: James K. Spore, City Manager Management Leadership Team Benefits Executive Committee Joint City/School 2014 Health Care Plan Update and Recommendation VIRGINIA BEACH CITY PUBLIC SCHOOLS H H EAD OF THE CURVE City of Virginia Beach Virginia Beach City Public Schools June 14, 2013 Is the $200 maternity payment a copayment for each visit? Increase POS global maternity office visit copay to $200 ($50) (< $0.1 million) Yes The $200 global maternity office visit copay would not be for each visit. The Maternity Care benefit on the Point of Service plan provides coverage at 100% following the payment of the annual deductible, a $40 copay for confirmation of pregnancy visit, and a $50 copay for remaining outpatient OB services referred to as the global payment. This covers routine prenatal and postnatal care rendered by the OB/GYN, and does not cover inpatient hospital admission or any other applicable charges. The recommendation is to increase the global payment from $50 to $200 for a cost savings to the plan of approximately $100K. While the change is not a large cost savings, it brings our plan design in alignment with our neighboring municipalities and school divisions. Provide an explanation of the difference between the limited and preferred pharmacy options, and why we selected one over the other. Limited pharmacy network ($1.1 million) NO Preferred pharmacy network ($0.6 million) Yes Preferred Pharmacy — The preferred pharmacy option allows employees to have prescriptions filled at any pharmacy currently under the Optima Health network; however, copays would be lower if prescriptions are filled at the two preferred pharmacies. By incenting prescriptions to be filled at preferred pharmacies, there would be a projected savings to our plan of approximately $600K due to lower negotiated rates with the preferred pharmacy providers. A review of our plan data indicates that 35% of our current members have prescriptions filled with the recommended preferred providers. This is the highest utilization of a chain pharmacy in combination with another available retail pharmacy to achieve these savings. Limited Pharmacy — The limited pharmacy option excludes prescriptions to be filled at one of the retail chain pharmacies, representing 27% of scripts filled. There would be a projected cost savings of $1.1M due to lower negotiated rates with other participating pharmacies. We would recommend increased pharmacy copays in either scenario; however under the preferred option the employee may avoid the higher copay by filling prescriptions at a preferred pharmacy. Additionally the preferred pharmacy option creates an option for employees to be better consumers, and allows employees to obtain maintenance medications to manage their health; which aligns with the mission of the vBWellnessforLife program. The Preferred Pharmacy option is recommended over the Limited Pharmacy option due to disruption to employees. City of Virginia Beach Virginia Beach City Public Schools 2 June 14, 2013 Provide a greater explanation of the individual mandate, reinsurance, and comparative effectiveness fees. Must we maintain our own reinsurance coverage if we have to pay this federally mandated reinsurance fee? 2014 HCR Gross Cost Impact (in millions) 30+ Hour Eligibility Individual Mandate Reinsurance Fees Comparative Effectiveness Fee $3.0 $4.3 $1.9 $0.1 Total $9.3 Individual Mandate — Individuals must obtain minimum essential coverage through an employer, individual exchange, or Medicaid, or face an individual penalty. The penalty would be the greater of a flat dollar amount or a specified percentage of income. There are 2057 school and 588 city benefits eligible employees that are not enrolled on the City/Schools' health care plan. The Consolidated Benefits Office conducted a survey of these employees. A 20% response rate was received with 96.7% of the responses stating they have other health care coverage. Of those that responded, 49% have coverage through their spouse's plan and 42.1% have Tricare. Based upon the survey results and other assumptions made by our actuary, it was assumed for projection purposes that 25% of those not enrolled will elect coverage for January 1, 2014. The projected cost assumed that these employees would enroll in the lowest cost plan at the employee -only tier. Reinsurance Fees —The federally mandated Reinsurance Fee is expected to be temporary through 2016 to stabilize insurance premiums in the individual market by funding reinsurance payments to health insurance issuers that cover high-risk individuals on the individual market and providing revenue to the federal government. The fee equals the average number of covered lives (includes dependents) during the benefit year, times the national contribution rate for that benefit year. It is payable by self-funded plans as well as health insurers. For 2014 the national contribution rate is $63 per covered life. Enrollment must be reported by November 15th each year (2014, 2015, and 2016). Then the Department of Health and Human Services will provide notice of final fees by December 15th. Payments are due 30 days thereafter. Separately as a self-funded plan, we carry $500K individual stop -loss coverage, which we will continue, to protect our plan from high cost claims. Our stop loss carrier pays claims in excess of $500K per individual. Comparative Effectiveness Fee — The Comparative Effectiveness Fee, or Patient -Centered Outcomes Research Institute fee, is a federally mandated payment to fund research on outcomes and clinical effectiveness of medical treatments. The fee is $1 per covered life per year in 2013, will increase to approximately $2 in 2014, and will be adjusted in future years through 2019 based upon projected per capita amount of national health expenditures. City of Virginia Beach Virginia Beach City Public Schools 3 June 14, 2013 Of the 9% trend, what portion is attributable to medical versus pharmacy? Nationally, the health care spend is 6%. Mercer's actuarial trend guidelines for 2014 allow for pharmacy trend to 8.5% and medical trend to 9%. 2012 trend exceeded both of those estimates with pharmacy specific trend for 2012 at 13.5%. When developing rates for 2014 we had no real trend information for 2013 because of the timing of our analysis. We estimated trend at 9% for both medical and pharmacy for 2014. Pharmacy represents 22% of our total health care spend. Note that while the vBWellnessforLife program incentive did not begin until January 2013, employees received biometric screenings required for the program between April 1, 2012 and October 31, 2012. Identification of certain conditions and adherence to medications for these conditions may have contributed to the increase in pharmacy spend in 2012. An increase in costs was anticipated in the first year of the program due to physician visits for chronic conditions and medication adherence. Proper management of chronic conditions is expected to avoid utilization of higher cost services as we extend into the second year of the program into 2014. While the national trend is approximately 6%, it is net of plan design changes. National trend prior to plan design changes has been approximately 8.5%. Nationally a family of four spends $20,000 on health care. How does this compare to our plan? The 2013 Milliman Medical Index sites the total annual cost of healthcare for a typical family of four covered by a PPO plan is $22,030. The figures presented by Milliman include the employer contribution towards the total cost of the health care coverage. Accordingly, of the $22,030 total medical cost for a family of four, pursuant to Milliman data the employer pays about $12,886 toward this cost while the employee pays the remaining $9,144, consisting of $5,544 in employee contributions and $3,600 in employee out-of-pocket expenses. The potential costs for a family on the Virginia Beach POS plan in 2013 assuming participation in vBWellnessforLife vary depending on utilization of the plan. However, the employer is expected to pay on average $11,182 toward families' costs, while the employee pays the remaining $6,386 in employee contributions for a total of $17,568. For out-of-pocket expenses highlighted in the Milliman Medical Index, high -utilizing employees on the Virginia Beach POS plan utilizing in -network services may pay up to the maximum out-of-pocket limit of $3,000. Note that members utilizing out -of -area network and out -of -network services may incur additional costs. City of Virginia Beach Virginia Beach City Public Schools 4 June 14, 2013 Please show the employer contributions for active employees and retirees for city and schools. Employer Contributions Fiscal Year Total Fiscal Year 6/30/2009 $83,089,905.68 Fiscal Year 6/30/2010 $86,082,373.62 Fiscal Year 6/30/2011 $88,664,859.48 Fiscal Year 6/30/2012 $85,912,795.37 Fiscal Year 6/30/2013 (projected) $90,053,050.00 What are the criteria to be compliant in the vBWellnessforLife program? Is the incentive based on achieving certain outcomes? The incentive for the vBWellnessforLife program is not based upon achieving health outcomes or goals, but rather determines health risk through a biometric screening and lifestyle questions, and requires quarterly participation with a health coach if 2 or more health risks are present. The program looks at the following health risks: • Body Mass Index (BMI) - equal to or greater than 27 (determined by height and weight) • Blood Pressure — If greater than or equal to 140/90 (if higher in either number) • Total Cholesterol — If greater than or equal to 200 • Hemoglobin Alc — if 7% or greater • Weekly exercise — If Tess than 3 times each week • Tobacco use in the past 3 months Health coaching services are provided through Optima Health's clinical care team and their partner Healthyroads®. Healthyroads® provides a comprehensive telephone -based health coaching program with award winning online tools. Health coaches work with participants to help set and meet participant's goals and design personal meal and exercise programs. Participants can also measure their progress with online trackers and have 24/7 access to health information. The City/Schools have not yet considered an outcomes -based approach to the vBWellnessforLife program. In the October 2012 Benefits Magazine from the International Foundation of Employee Benefit Plans, they state "due to the lack of scientific evidence, the controversial nature of this approach and the potential backlash from employees, companies considering this strategy should do so cautiously." The article goes on to explain that "reward programs, or carrots, are more likely to convey a sense of cooperation between employer and employee in seeking a mutually beneficial goal -healthier employees. One of the controversial outcomes stated in the article discusses that "the most vulnerable individuals may end up having to pay more. Research shows the rates of poor outcomes tied to behaviors (smoking, for example) tend to be higher for racial and ethnic minorities or workers who are less educated, older or poor. Often, those are the employees without access to healthy, affordable food or safe spaces in their communities where they can be physically active." City of Virginia Beach Virginia Beach City Public Schools 5 June 14, 2013 Please provide outcomes data on the on-site pharmacy being offered by Chesapeake Public Schools. The independent pharmacy established by Chesapeake Schools opened March 18, 2013, and while there are no outcomes data at this time, we will follow and monitor the progress of this program. A suggestion was made for outside organizations and large employers to participate on our Benefits Executive Committee. The City/Schools do not have representation of outside organizations participating on the Benefits Executive Committee; however, the oversight of the plan is managed as follows: The Benefits Executive Committee is comprised of executive leadership within the City and Schools, bringing the interests of the financial, human resources, and benefits perspectives to the discussion of health care. The City Attorney's Office provides an attorney as legal counsel to ensure that the health plan meets all legal requirements. The Director of our Consolidated Benefits Office is an Executive Board Member of the Virginia Business Coalition on Health and a Member of the Virginia Chamber of Commerce's Executive Health Care Committee, collaborating with other business leaders, both public and private, in the Commonwealth regarding health care. Mercer contributes to the BEC meetings, providing actuarial and healthcare expertise for the analysis of our clinical data, financial projections, knowledge of trends, industry standards, and leading edge options and solutions for consideration. Mercer has the experience and expertise in all aspects of employee benefits related to public and private employers, with a diverse client base in terms of size, maturity, industry sector and geographic location. Mercer's Survey of Employer -Sponsored Health Plans is the nation's largest, most authoritative annual survey on the top of health benefits. Mercer utilizes data from their national survey, providing Virginia Beach with benchmarking data that provides the opportunity to compare our plan to our peer groups. What would be the percent increase on our plan without the added cost of the Affordable Care Act? The combined medical and pharmacy trend claims trend is expected to be 9% versus the 12.2% increase with the added cost of the Affordable Care Act. City of Virginia Beach Virginia Beach City Public Schools 6 June 14, 2013 Why did the BEC not recommend the spousal surcharge change for 2014? Surcharge for spouses with available employer coverage ($0.8 million) No To remain competitive for recruitment and retention, the City and Schools are concerned with implementing this option. Administration of this option would be reliant upon self-reported certification by the employee that the spouse did not have access to other coverage. Spouses currently represent 11% of total enrollment. Explain the expansion of Medicaid in Virginia, and if it would be a desirable plan if offered? The Affordable Care Act allowed each state the ability to expand the income threshold for Medicaid eligibility to 138% of the federal poverty level. This would allow more low income individuals access to Medicaid coverage. Not all states have agreed to expand coverage. Virginia is one of the states that have not agreed to Medicaid expansion to date. Medicaid expansion has the potential for some employers to reduce the number of employees enrolled in their plans if employees decide to enroll in Medicaid. For 2014 we do not have any favorable impact estimated as a result of Virginia Beach employees migrating off of the employer plan. Incremental changes are made to our plan year -over -year, making small financial changes. Why hasn't there been a complete plan design change and the use of a high deductible health plan. We are working towards lowering trend through programs like vBWellnessforLife and other value -based benefit designs, Accordant Rare Disease Management, and the use of SQCN (Sentara Quality Care Network) to manage health and affect trend, rather than through cost -shifting to the employee. The salary for nearly 40% of our benefits -eligible employees is Tess than $40K annually and there is a concern with cost -shifting to a full -replacement high deductible health plan that we will not remain competitive with neighboring cities and school divisions. The City/Schools currently offer a High Deductible Health Plan with a Health Savings Account option, but only represents 1.4% of total enrollment. It does, however, provide a lower cost plan option. It has a $1,250/$2,500 deductible with most services covered at 70%, and a $500 annual employer contribution into the Health Savings Account. The 2013 monthly premiums (with vBWellnessforLife) are Employee Only $26.94 and Family $237.00 (based upon 12 -month premiums). In addition to an in-house pharmacy, it was suggested that we consider an on-site clinic. We will research and consider an in-house pharmacy and on-site health clinic as future considerations. City of Virginia Beach Virginia Beach City Public Schools 7 June 14, 2013 1 While our plan provides adequate coverage, it was stated that our plan is unaffordable and we should consider changing the coverage levels to make it more affordable to employees. Considerations can be made with regard to reducing services covered under the plan; however, the Affordable Care Act requires plans to provide minimum essential health benefits, under the Shared Responsibility provision, including: Ambulatory services, emergency services, hospitalization, maternity/newborn care, mental health and substance abuse services including behavioral treatment, prescription drug coverage, rehabilitation and habilitative services, lab work, preventive wellness and chronic disease management, and pediatric including oral and vision up to age 19. For failure to provide minimum essential health benefits, employees are eligible for the premium tax credit and the employer is assessed a penalty. Employers must also meet the Affordability requirements, offering a plan with an actuarial value of at least 60% or higher, and one that does not exceed more than 9.5% of household income for single coverage. While the Shared Responsibility and Affordability requirements are not a concern with our plans at this time, it is a provision that we must consider when reducing benefits coverage. Recognizing that the healthcare industry is facing difficult times, a question was asked about the shortage of physicians and nurses in the future. With the increase of Americans accessing health care, concern has been expressed with regard to the availability of primary care physicians. Telemedicine is one option that may provide relief to busy physician offices for services that could have been handled via video conference or telephone. Telemedicine provides the opportunity (not a requirement) for members to receive 24/7 health care for certain types of services. The benefit is not meant to replace the primary care physician relationship, but to provide the opportunity for members to receive consultation, prescriptions, or to be directed to the most appropriate level of care without utilizing more costly urgent care and emergency services. It also allows members to receive services at a time convenient to them, thereby avoiding time away from work. Patient Centered Medical Homes are also a new health care delivery model within primary care practices that will help to lessen the concern for access to care. This coordinated care effort utilizes qualified clinicians to provide appropriate levels of care to the patient; allowing the medical providers the opportunity to care for more patients while achieving efficiency, enhanced quality of care, and greater access to services. City of Virginia Beach Virginia Beach City Public Schools 8 June 14, 2013 How will the new telemedicine benefit be communicated and will all employees be able to use this computer technology to utilize the services? The Telemedicine benefit may be used by telephone contact or video conferencing. It is being provided as an option for receiving services and is not a requirement. Only those employees that desire this type of service will use the benefit, however, the option will be communicated and the Consolidated Benefits Office will be available to answer any questions as well. Is mail order pharmacy offered on our plan and what would be the savings? Our plans currently offer mail order pharmacy. Mail order pharmacy is intended for those that take maintenance medications and provides a 90 day supply at the cost of only double the normal prescription co -pay amounts. As of December 2012, 2.9% of prescriptions were filled through mail order pharmacy. Traditionally, mail order drugs cost less than retail, but with the high utilization of generic drugs (78.5% at 12/31/2012 for our plan), there is not enough cost savings to achieve a positive financial impact on our plan; however, there is a cost savings to the member with a lower total copay. Note, however, that if the cost of the drug is less than the copay, the member will pay the lower cost at a retail pharmacy, where they would pay the stated copay amount for mail order. For example, a member filling a prescription with an actual cost of $4 for a 30 -day supply would pay $12 for a 3 -month supply at a retail pharmacy, versus $20 for mail order (2 $10 copays for a 3 -month supply). Confirmation was requested that our health fund balance was over $30M several years ago and is now only projected to be $4.2M at the end of 2013. The health fund balance was spent down over the past several years to absorb the rising cost of health care while not passing along any plan design or premium increases to employees. Net Assets as of 6/30/2009 Net Assets as of 6/30/2010 Net Assets as of 6/30/2011 Net Assets as of 6/30/2012 Net Assets as of 4/30/2013 TOTAL $31,576,888.69 $30,786,398.32 $30,163,365.72 $18,123,474.70 $6,558,231.28 It was stated that the biggest savings is achieved by increasing the deductible and that we should consider a High Deductible Health Plan where employees could use the savings accounts to offset their deductible. The City/Schools do currently offer a High Deductible Health Plan at lower premiums for those that want to consider the option, but it is not the only option. Currently there are approximately 200 members on the plan with a deductible of $1,250 per person and $2,500 per family. City of Virginia Beach Virginia Beach City Public Schools 9 June 14, 2013 June 4, 2013 Recommended Changes The following plan design changes were initially recommended by the Benefits Executive Committee: ❖ Increasing POS deductible to $200/$400 ❖ Removing POS deductible from office visit/urgent care ❖ Increasing POS hospital copay to $350 ❖ Increasing POS outpatient surgery copay to $200 ❖ Increase pharmacy copays ❖ Implement a Preferred Pharmacy Network ❖ Increase POS global maternity office visit to $200 These plan design changes would result in cost reductions of approximately $2.8 million. These reductions would reduce the required status quo rate increase from 12.2% down to 10.1%, resulting in the following employee contributions (assuming participation in VBWellnessforLife and 12 -month premiums): ❖ Employee Only $49.40 (increase of $4.54) ❖ Employee & Child $126.68 (increase of $11.64) ❖ Employee & Children $339.10 (increase of $31.17) ❖ Employee & Spouse $305.74 (increase of $28.10) ❖ Family $586.03 (increase of $53.86) City of Virginia Beach Virginia Beach City Public Schools 10 June 14, 2013 Revised Recommendations Based upon feedback to implement greater changes to our plan to further reduce costs, the following represents the Benefits Executive Committee's revised recommendations (shown in bold): Increasing POS deductible to $300/$600 Removing POS deductible from office visit/urgent care Increasing POS hospital copay to $500 Increasing POS outpatient surgery copay to $250 Increase pharmacy copays Implement a Preferred Pharmacy Network Increase POS global maternity office visit to $200 These revised plan design changes would result in cost reductions of approximately $3.8 million. These reductions would reduce the required status quo rate increase from 12.2% down to 9.4%, resulting in the following employee contributions (assuming participation in vBWelInessforLife and 12 -month premiums): Active School and City POS Rates with vBWelInessforLife Incentive Tier 2013 Employee Contributions 2014 Employee Contributions with Previously Proposed Changes 2014 Employee Contributions with Current Proposed Changes Employee Only Employee & Child Employee & Children Employee & Spouse Family $44.86 $115.04 $307.93 $277.64 $532.17 $49.40 $126.68 $339.10 $305.74 $586.03 $49.06 $125.80 $336.74 $303.62 $581.96 City of Virginia Beach Virginia Beach City Public Schools 11 June 14, 2013 -57- Item—V-K.3a/b/c ORDINANCES/RESOLUTIONS ITEM #62927 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE Franchise Agreements: a. Parking spaces on Laskin Road between Arctic and Pacific Avenues re Valet Services b. Pedal Cab operation in the Resort Area c. Old Beach Farmers Market, Old Beach Green Market and Old Beach Art Market to consolidate in the public right-of-way of the 600 block of 19"' Street on Saturdays from 6:00 A.M. to 1:00 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR FIVE YEARS OR LESS 4 FOR THE USE OF THREE (3) PARKING 5 SPACES LOCATED ON LASKIN ROAD 6 BETWEEN ARCTIC AND PACIFIC AVENUES 7 FOR VALET SERVICES 8 9 WHEREAS, the City has made improvements to Laskin Road (also known 10 as 31st Street) and the surrounding areas in Virginia Beach in connection with the 11 Laskin Road Gateway Project, CIP 2-143 (the "Road Project"); 12 13 WHEREAS, Hi -Sea, LLC ("Hi -Sea") owns and has developed property 14 located at 332 Laskin Road (GPIN 2428-02-0253) as a mixed-use complex consisting of 15 residential, office and business units ("Beach Centre"); 16 17 WHEREAS, on September 8, 2009, City Council approved a non-binding 18 term sheet (the "Term Sheet") between the City and Hi -Sea to coordinate development 19 plans and schedules for the Road Project and Beach Centre; 20 21 WHEREAS, as set forth in the Term Sheet, the City issued an invitation to 22 bid for the use of three (3) parking spaces in front of Beach Centre for the provision of 23 valet services as an amenity to the surrounding businesses; 24 25 WHEREAS, Hi -Sea submitted the only qualifying bid, and City staff has 26 recommended to City Council that a franchise be awarded to Hi -Sea for a two (2) year 27 term, with three (3) one-year renewal options, and such other conditions as set forth in 28 the Summary of Terms attached hereto as Exhibit A. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager, or his designee, is hereby authorized to execute a 34 franchise agreement for a term of five (5) years or less, with Hi -Sea, LLC, in accordance 35 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and 36 such other terms, conditions, and modifications as deemed necessary and sufficient by 37 the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Ajdorpted by the Council of the City of Virginia Beach, Virginia, on this 40 25th day of u e , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: at/IAA/1/1 av61-(4(A/ Strategic Growth Area / Resort City Attorney Management Office CA12572 11vbgov com1DFS1lApplica6onslCitylawProdkycom32rWpdocs00101P018100074036.DOC R-1 June 14, 2013 EXHIBIT A SUMMARY OF TERMS FRANCHISE TO USE THREE (3) PARKING SPACES IN THE LASKIN ROAD RIGHT-OF-WAY FOR VALET SERVICES FRANCHISOR: City of Virginia Beach (the "City") FRANCHISEE: Hi -Sea, LLC PREMISES: Three (3) parking spaces located on the north side of Laskin Road (also known as 31st Street) east of the crosswalk in the 300 Block of Laskin Road. TERM: June 1, 2013 through May 31, 2015, with up to three (3) additional one-year renewal options, by mutual agreement of the parties. RENT: $12,300 per year, payable in monthly installments. RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose. • Keep sidewalk and street areas clean and free from trash and debris. • Indemnify the City for any and all damages to persons or property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all federal, state, and local taxes in connection with the Premises. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. f d ) °11 ARCTIC AVENUE PACIFIC AVENUE 1 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT 2 FOR PEDAL CAB OPERATION IN THE RESORT AREA 3 4 WHEREAS, the use of bicycles, surreys and other forms of pedal vehicles has 5 become a popular, convenient and eco -friendly form of transportation in the Resort 6 Area; and 7 8 WHEREAS, many visitors and residents cannot take advantage of pedal vehicles 9 due to age or health issues; and 10 11 WHEREAS, public transportation is not available to many of the restaurants 12 located on Rudee Inlet, and taxi service is slow due to traffic congestion; and 13 14 WHEREAS, in 2009, Beach Pedal Cab Company was awarded a franchise 15 agreement to operate a pedal cab service under a pilot program; and 16 17 WHEREAS, Beach Pedal Cab Company could not generate enough revenue to 18 continue operating beyond the pilot program, and the franchise agreement was 19 terminated; and 20 21 WHEREAS, Seven Cities Rickshaws, LLC recently presented a proposal to City 22 staff to operate a pedal cab service along the boardwalk bike path and Winston Salem 23 Avenue, adjacent to Rudee Inlet; and 24 25 WHEREAS, this service will provide an alternative to using a personal vehicle or 26 mass transportation, thereby helping to reduce traffic congestion in the Resort Area; 27 and 28 29 WHEREAS, the franchise agreement expands the operating area to include 30 Atlantic Avenue and other major destination points; and 31 32 WHEREAS, the franchise agreement permits Seven Cities Rickshaws, LLC to 33 offer pedal cab service in the Resort Area, effective upon execution of the franchise 34 agreement, through September 30, 2013; and 35 36 WHEREAS, at the conclusion of the term of the franchise agreement, City staff 37 will evaluate the program and, with the assistance of the Resort Advisory Commission, 38 present recommendations to City Council; and 39 40 WHEREAS, if City Council elects to continue the pedal cab service and award a 41 five-year franchise agreement, staff would follow standard procurement policy to select 42 a pedal cab operator; and 43 44 45 46 WHEREAS, the Police Department's Second Precinct has reviewed the franchise 47 agreement and provided comment on the operating criteria; and 48 49 WHEREAS, the Resort Advisory Commission has also reviewed and 50 unanimously endorsed the operating criteria, and recommended adoption of the 51 franchise; and 52 53 WHEREAS, additional operating criteria have been added to the franchise 54 agreement to minimize conflict with other pedal vehicles and to ensure public safety. 55 56 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 57 VIRGINIA BEACH, VIRGINIA: 58 59 1. That the City Council hereby grants a franchise agreement for pedal cab 60 operation to Seven Cities Rickshaws, LLC, effective upon execution of a 61 franchise agreement, through September 30, 2013. 62 2. That the City Manager, or designee, is hereby authorized to execute a 63 franchise agreement with Seven Cities Rickshaws, LLC in accordance with 64 the attached Summary of Terms and such other terms and conditions 65 deemed necessary and sufficient by the City Manager and in a form approved 66 by the City Attorney. 67 68 _ Adopted by the Council of the City of Virginia Beach, Virginia on the 69 25th day of June , 2013. APPROVED AS TO CONTENT: Strategic Growth Area Office CA12618 R-1 June 12, 2013 APPROVED AS TO LEGAL SUFFICIENCY: /4/1".4k.d City Attorney's ice Summary of Terms Franchise Agreement for Pedal Cab Operation in the Resort Area Franchisee: Seven Cities Rickshaws, LLC Nature of Franchise: Pedal Cab Operation in the Resort Area Tenn: Effective upon execution of the franchise agreement through September 30, 2013. Agreement may not be renewed unless a new franchise is granted by City Council. Franchise Fee: $350 for the term of the franchise. Non -Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Pedal cabs shall be maintained in good working order and shall be aesthetically pleasing. The City shall approve the appearance of the pedal cabs. b. Pedal cabs shall have a proper working braking mechanism. Pedal cabs shall have headlights and tail lights. c. Pedal cabs shall be subject to the operational and equipment requirements for bicycles set forth in Virginia Code Section 46.2-1015 and the Code of the City of Virginia Beach Sections 7-50 through 7-64. d. Pedal cabs shall be operated on the premises at a maximum speed of five (5) miles per hour. e. Pedal cabs shall display a ``slow moving vehicle emblem" on the rear of the vehicle during daylight hours. A battery powered blinking light or other illumination devices shall be placed and used on all pedal cabs at night. The City shall approve the emblem, lights, and other illumination devices. f. All pedestrians shall have the right of way and the Franchisee shall make every reasonable effort to protect the public's safety. g. No pedal cab loading or unloading, or settling of bills, shall be done on the boardwalk, the boardwalk bike path, sidewalks or travel portion of any roadway in the resort area. Loading and unloading plans shall require approval by the City. h. Pedal cabs shall be prohibited from staging in travel portions of public streets and sidewalks. Staging areas for pedal cabs shall be in non -travel portions of public streets, connector parks, and in streets on the one hundred blocks, where public access is available. i. Pedal cab operators are not required to be employed by Franchisee, however violations of any operating criteria of the franchise by a pedal cab operator may result in termination of the franchise. j. Pedal cab operators shall carry on their person, at all times during the operation of a pedal cab, a copy of the operational criteria contain in the agreement. k. Pedal cab operators must be present with passengers at all times during the pedal cab service. 1. Franchisee shall provide to each of its employees attire which appropriately identifies the pedal cab ride operation. Such attire shall be approved by the SGA Resort Management Office. The approved attire must be worn by on -duty employees during all hours of operation. All outer wear shall have at least a name tag with the Franchisee's official logo or company name. m. Persons operating pedal cabs shall not sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection with time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores or entertainment establishments. n. No advertisements, other than the name of Franchisee, and the fee for the use and the location of the pedal cab service, shall be placed or maintained by the Franchisee on or in the pedal cabs. o. Persons operating pedal cabs are prohibited from consuming alcohol and from using earphones while operating a pedal cab. p. Any changes in the operational criteria shall require prior written approval of the City. Ilold Harmless: Franchisee indemnifies and holds harmless the City for Toss and liability. Insurance: $2,000,000 combined single limits. "termination: City may terminate agreement for cause. 1 AN ORDINANCE GRANTING THREE 2 FRANCHISE AGREEMENTS FOR OPEN 3 MARKETS IN THE PUBLIC RIGHT-OF-WAY 4 ON 19TH STREET 5 6 WHEREAS, the Old Beach Farmers Market, Old Beach Green Market and Old 7 Beach Art Market have been operating open markets on private property at various 8 locations on 19th Street, and have outgrown their current locations; and 9 10 WHEREAS, in September, October, and November 2012, the Old Beach 11 Farmers Market operated an open market, one Saturday per month, in the City's right - 12 of -way at 19th Street, pursuant to special event permits issued by the City; and 13 14 WHEREAS, the Old Beach Farmers Market, Old Beach Green Market, and OId 15 Beach Art Market recently requested the use of the public right-of-way to consolidate 16 their businesses at one location; and 17 18 WHEREAS, the proposed franchise agreements authorize the closure of three 19 hundred (300) feet of roadway in the 600 block of 19th Street; and 20 21 WHEREAS, the road closures will occur each Saturday during the months of 22 June, July and August, and the third Saturday of each month from September through 23 May, for a total of twenty-three (23) road closures per year; and 24 25 WHEREAS, each road closure will occur between 6:00 am and 1:00 pm; and 26 27 WHEREAS, the term of each franchise agreement is one year, with the option for 28 two (2) additional one-year renewals; and 29 30 WHEREAS, City staff has received letters of support from businesses and 31 condominium located in the 600 block of 19th Street; and 32 33 WHEREAS, the Strategic Growth Area Office recommends that OId Beach 34 Farmers Market, Old Beach Green Market, and Old Beach Art Market be granted 35 franchise agreements for open markets in the 600 block of 19th Street. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH: 39 40 1. That the City Council hereby grants one-year franchise agreements, with the 41 option for two additional one-year renewals, to Old Beach Farmers Market, 42 Eco Maniac Company, Inc., trading as Old Beach Green Market, and Old 43 Beach Art Market. 44 2. That the City Manager, or designee, is hereby authorized to execute franchise 45 agreements with Old Beach Farmers Market, Eco Maniac Company, Inc., 46 trading as Old Beach Green Market, and Old Beach Art Market in accordance 47 with the attached Summary of Terms and such other terms and conditions 48 deemed necessary and sufficient by the City Manager and in a form approved 49 by the City Attorney. Adopted by the City Council of Virginia Beach, Virginia on this 25th day of June 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Office CA12646 R-1 June 11, 2013 Summary of Terms Franchise Agreements for Open Markets in the Public Right -of -Way on 19th Street Franchisees: (1) Old Beach Farmers Market; (2) Eco Maniac Company, Inc., trading as OId Beach Green Market; and (3) OId Beach Art Market. Nature of Franchise: Operate open markets in the public right-of-way on 19th Street. Term: One (I) year, each Saturday in June, July and August, and the third Saturday of each month from September through May, commencing upon execution of the agreements, and ending at midnight on May 31, 2014. Agreements may be renewed upon mutual written agreement of the parties for up to two (2) additional one-year terms. Franchise Fee: $100 for the initial term. $100 for each subsequent term. Non -Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: a. Franchisee shall design the open air market site to allow for emergency vehicle access at all times. b. Franchises shall pay all costs associated with street closures, including, but not limited to, equipment and personnel costs. c. Franchisee shall submit a traffic control plan, including locations of detour signs and barricades, for the City to review and approve. Streets shall be closed by Franchisee using Type III barricades, as defined in the Manual of Uniform Traffic Control Devices. Franchisee shall provide all Type III barricades. Franchisee shall supply proof that it has obtained the proper number of Type III barricades needed to comply with the terms of this franchise. 'l'ype III barricades shall extend completely across the street and its shoulders or from curb to curb. Where access is provided through the "hype III barricade, Franchisee shall be responsible for ensuring proper closure of the barricade. d. Franchisee shall adhere to the operational parameters and public safety concerns established by City departments, including, but not limited to, Police, Fire, EMS, Public Works and Resort Management. This includes providing adequate DCJS certified private security personnel or certified traffic monitors, as required. e. Franchisee shall provide one portable ADA restroom facility for each one hundred and fifty (150) patrons on the premises, or shall install signs on City property directing patrons to existing restrooms located in an adjacent business establishment. f. A minimum of three waste disposal containers and three recycle containers shall be installed by Franchisee on the premises. g. Franchisee shall remove all temporary structures, clean all City property and properly dispose of waste and recycle materials by 1:00 pm each day. 1lold 1larrnless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements for cause. -58- Item -V-K 4a/d ORDINANCES/RESOLUTIONS ITEM #62928 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re Compensation of Council Appointees: a. City Manager d. City Real Estate Assessor Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Amelia N Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Rosemary Wilson June 25, 2013 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, last year, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council subsequently adopted a similar ordinance, effective 16 July 1, 2013, (1) to require City employees who became VRS members prior to July 1, 17 2010, to make member contributions in an amount equal to two percent of their VRS 18 total creditable compensation; and (2) to increase those employees' VRS total 19 creditable compensation by an additional one percent; and 20 21 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary 22 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and 23 24 WHEREAS, the VRS total creditable compensation for the City Manager includes 25 his salary as well as the value of the City's contributions to his deferred compensation 26 plan and, as set forth in his employment contract, the City -paid premiums for his family 27 medical and dental insurance and long-term care insurance. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the base annual salary of the City Manager is $227.460.00; his car 33 allowance is and shall remain at $12,000 annually; the City's contribution to his deferred 34 compensation plan is and shall remain at $20,500 annually; and, in accordance with his 35 employment contract, the City shall continue to pay the total premium for his family 36 health and dental insurance and shall pay up to $2,684 annually on behalf of the City 37 Manager for long term care insurance. 38 39 2. That, beginning July 1, 2013, as required by state law and in accordance 40 with budget ordinances adopted by City Council in May 2013, the City Manager shall 41 pay, on a salary -reduction basis, VRS member contributions in an amount equal to two 42 percent of his VRS total creditable compensation, and his base salary as set forth in 43 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 44 creditable compensation. 45 46 3. Along with all other full-time City employees, the City Manager shall also 47 receive a salary increase of .34%, effective July 1, 2013, and 1.66%, effective October 48 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12667 R-2 June 20, 2013 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, last year, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council subsequently adopted a similar ordinance, effective 17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1, 18 2010, to make member contributions in an amount equal to two percent of their VRS 19 total creditable compensation; and (2) to increase those employees' VRS total 20 creditable compensation by an additional one percent; and 21 22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary 23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and 24 25 WHEREAS, the VRS total creditable compensation for the City Real Estate 26 Assessor includes his salary as well as the value of the City's contributions to his 27 deferred compensation plan. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the base annual salary of the City Real Estate Assessor is 33 $124,937.76, and the City's contribution to his deferred compensation plan is and shall 34 remain at $4,000 annually. 35 36 2. That, beginning July 1, 2013, as required by state law and in accordance 37 with budget ordinances adopted by City Council in May 2013, the City Real Estate 38 Assessor shall pay, on a salary -reduction basis, VRS member contributions in an 39 amount equal to two percent of his VRS total creditable compensation, and his base 40 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent 41 of his VRS total creditable compensation. 42 43 3. Along with all other full-time City employees, the City Real Estate 44 Assessor shall also receive a salary increase of .34%, effective July 1, 2013, and 45 1.66%, effective October 1, 2013. 25th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12663 R-2 June 20, 2013 -59- Item-V-K.4/b/c ORDINANCES/RESOLUTIONS ITEM #62929 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re Compensation of Council Appointees: b. City Attorney c. City Clerk Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, last year, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council subsequently adopted a similar ordinance, effective 17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1, 18 2010, to make member contributions in an amount equal to two percent of their VRS 19 total creditable compensation; and (2) to increase those employees' VRS total 20 creditable compensation by an additional one percent; and 21 22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary 23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and 24 25 WHEREAS, the VRS total creditable compensation for the City Attorney includes 26 his salary as well as the value of the City's contributions to his deferred compensation 27 plan. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the base annual salary of the City Attorney is $191,521.44, the City's 33 contribution to his deferred compensation plan is and shall remain at $10,000 annually, 34 and his car allowance is and shall remain at $10,000 annually. 35 36 2. That, beginning July 1, 2013, as required by state law and in accordance 37 with budget ordinances adopted by City Council in May 2013, the City Attorney shall 38 pay, on a salary -reduction basis, VRS member contributions in an amount equal to two 39 percent of his VRS total creditable compensation, and his base salary as set forth in 40 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 41 creditable compensation. 42 43 3. Along with all other full-time City employees, the City Attorney shall also 44 receive salary increases of .34%, effective July 1, 2013, and 1.66%, effective October 1, 45 2013. 1 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offir5------ c CA12666 R-3 June 20, 2013 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, last year, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council subsequently adopted a similar ordinance, effective 16 July 1, 2013, (1) to require City employees who became VRS members prior to July 1, 17 2010, to make member contributions in an amount equal to two percent of their VRS 18 total creditable compensation; and (2) to increase those employees' VRS total 19 creditable compensation by an additional one percent; and 20 21 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary 22 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and 23 24 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 25 only her salary. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the base annual salary of the City Clerk is $107,744.40, and her car 31 allowance is and shall remain at $10,000 annually. 32 33 2. That, beginning July 1, 2013, as required by state law and in accordance 34 with budget ordinances adopted by City Council in May 2013, the City Clerk shall pay, 35 on a salary -reduction basis, VRS member contributions in an amount equal to two 36 percent of her VRS total creditable compensation, and her base salary as set forth in 37 paragraph 1 shall be increased in an amount equal to one percent of her VRS total 38 creditable compensation. 39 40 3. Along with all other full-time City employees, the City Clerk shall also 41 receive salary increases of .34%, effective July 1, 2013, and 1.66%, effective October 1, 42 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of ,1„n P ,2013. APPROVED AS TO LEGAL SUFFICIENCY: zi.Q4, I. :0 Tr -- City Attorney's Office CA12664 R-2 June 20, 2013 -60- Item-V-K4/e ORDINANCES/RESOLUTIONS ITEM #62930 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, ALTERNATE VERSION, BY CONSENT, Ordinances re Compensation of Council Appointees: e. City Auditor Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent.• Rosemary Wilson June 25, 2013 ALTERNATE VERSION 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, last year, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council subsequently adopted a similar ordinance, effective 17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1, 18 2010, to make member contributions in an amount equal to two percent of their VRS 19 total creditable compensation; and (2) to increase those employees' VRS total 20 creditable compensation by an additional one percent; and 21 22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary 23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and 24 25 WHEREAS, the VRS total creditable compensation for the City Auditor consists 26 of only his salary. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the base annual salary of the City Auditor is $99,384.00, and his car 32 allowance is, and shall remain at, $6,000 annually. 33 34 2. That, beginning July 1, 2013, as required by state law and in accordance 35 with budget ordinances adopted by City Council in May 2013, the City Auditor shall pay, 36 on a salary -reduction basis, VRS member contributions in an amount equal to two 37 percent of his VRS total creditable compensation, and his base salary as set forth in 38 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 39 creditable compensation. 40 41 3. Along with all other full-time City employees, the City Auditor shall receive 42 a salary increase of .34%, effective July 1, 2013, and he shall also receive an additional 43 salary increase so that his salary effective July 1, 2013, after the mandated VRS 44 increase referenced in the prior section and the increases authorized by this section, will 45 be $108,000. 46 47 4. Along with all other full-time City employees, the City Auditor shall also 48 receive a salary increase 1.66%, effective October 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June , 2013. APPROVED AS TO LEGAL SUFFICIENCY: 7F City Attorney's Office CA 12665 R -ALT June 20, 2013 1 -61- Item -V-K.5 ORDINANCES/RESOLUTIONS ITEM #62931 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to APPOINT Tracee N. Hackett to the position of Associate City Attorney, effective July 1, 2013 Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 1 A RESOLUTION APPOINTING TRACEE N. HACKETT TO 2 THE POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Tracee N. Hackett is hereby appointed to 8 the position of Associate City Attorney, effective July 1, 2013. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25tl?day of 11 June , 2013. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA12672 R-1 June 11,2013 -62 - Item -V-K 6a/b/c/d/ ORDINANCES/RESOLUTIONS ITEM #62932 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $273,391 within the Museum's Budget re digital radio equipment for the Aquarium b. $110,269 within the School's Budget re computer equipment c. $271, 668 from the Virginia Department of Agriculture and Consumer Services re reimbursement for acquisition of a Preservation Easement at 3413 Land of Promise Road d. $450,400 from the DEA Shared Asset Special Revenue fund re equipment and services for the Police Department Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 I 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2 2012-13 MUSEUMS OPERATING BUDGET TO 3 PURCHASE RADIO EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $273,391 of additional revenue is hereby appropriated, with estimated 9 charges for services revenue increased accordingly, to the FY 2012-13 Museums 10 Operating Budget to purchase radio equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of June 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (Manage nt ervices CA12671 R-2 June 19, 2013 City Attorney's Office 1 AN ORDINANCE TO TRANSFER FUNDING 2 WITHIN THE FY 2012-13 SCHOOL 3 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $110,269 is hereby transferred within the FY 2012-13 School Budget in the 9 amounts set forth below to purchase iPads and covers, printers, printer cartridges, 10 computers, monitors, computer supplies, laptops, Kindles, and Nooks: 11 12 1. $92,527 from the Instruction category of the School Operating Fund to the 13 School Technology Category Special Revenue Fund; 14 2. $17,742 from the Administration category of the School Operating Fund to the 15 Operations and Maintenance category; Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /,44X -s/(, 7;044/1.e anageemervices City Attorney's Office CA12668 R-1 May 30, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $271,668 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE CITY FOR A PORTION OF THE COST 5 TO ACQUIRE A PRESERVATION EASEMENT 6 7 WHEREAS, as a result of intergovernmental agreements authorized by City 8 Council on January 24, 2012 and January 22, 2013, the Virginia Department of 9 Agriculture and Consumer Services (VDACS) approved reimbursements totaling 10 $271,668 for a portion of costs the City incurred in purchasing agricultural preservation 11 easements for the Donald and Diane Horsley property. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $271,668 is hereby accepted from the Virginia Department of Agriculture 17 and Consumer Services and appropriated, with estimated state revenues increased 18 accordingly, to the FY 2012-13 Operating Budget in the Agriculture Reserve Program 19 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 20 preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of June 2013. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Manageme Se vices CA12674 R-1 June 12, 2013 Approved as to Legal Sufficiency: City Attorney's Office 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR 3 POLICE EQUIPMENT, TRAINING, AND CONTRACTUAL 4 SERVICES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $450,400 is hereby appropriated from the fund balance of the DEA Shared 9 Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY 10 2013-14 Operating Budget of the Police Department to purchase various equipment and 11 services for the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of June 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: //' /it,;(saL Managem t Services City Attorney's Office CA12670 R-1 June 11, 2013 -63 - Item -V-K 6/e ORDINANCES/RESOLUTIONS ITEM #62933 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: e. $2,275,582 from Williams Farm Recreation Center CIP Project to complete construction of the Bow Creek Recreation Center Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent.• Rosemary Wilson June 25, 2013 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $2,275,582 FROM CIP 4-071 WILLIAMS FARM 3 RECREATION CENTER TO 4-505 BOW CREEK 4 RECREATION CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 The $2,275,582 is hereby transferred from CIP #4-071 Williams Farm Recreation 10 Center to CIP #4-505 Bow Creek Recreation Center Replacement Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of June , 2013. Requires an affirmative vote by a majority of all member of the City Council. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: z -4/ - Manage ent services City Attorney's Office e„-1,4.(eA CA12677 R-1 June 12. 2013 Item -V-L PLANNING -64- ITEM #62934 1. RUNNYMEDE CORPORATION EXTEND DATE 2. GREG E. and MARY G. JAQUITY VARIANCE 3. VAIL MARINE SERVICE and CONDITIONAL USE PERMIT SUPPLY, INC./DIEHL, INC. 4. CSA VIRGINIA BEACH, LLC and CONDITIONAL USE PERMIT WINNER'S REAL ESTATE HOLDINGS, LLC 5. CITY OF VIRGINIA BEACH AMEND ZONING ORDINANCE a. MOBILE HOME PARKS b. BAKERIES, CONFECTIONERIES, and DELICATESSENS June 25, 2013 -65- Item -V-L PLANNING ITEM #62935 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5a (INDEFINTE DEFERRAL) and 5b of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -66- Item -V-L.1 PLANNING ITEM #62936 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance to EXTEND the date of Compliance for an additional six (6) months to satisfy the conditions of the closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012) DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to EXTEND the date of Compliance for an additional six (6) months to satisfy the conditions of the closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012) DISTRICT 2 — KEMPSVILLE The following condition shall be required: 1. Conditions of previously granted closure of July 2, 2012 to be satisfied. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Fifth day of June, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN UNIMPROVED 4 PORTION OF CLEVELAND STREET 5 (DISTRICT 2 — KEMPSVILLE) 6 7 WHEREAS, on July 2, 2012, City Council acted upon the application of 8 The Runnymede Corporation (the "Applicant") for the closures of a portion of a 60 -foot 9 wide unimproved portion of Cleveland Street located between the existing cul-de-sac 10 terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former 11 borrow pit (now lake) owned by the City of Virginia Beach, as shown on Exhibit A 12 attached hereto; 13 14 WHEREAS, on July 2, 2012, City Council adopted an Ordinance (ORD - 15 3245A) to close the aforesaid unimproved portion of Cleveland Street, subject to certain 16 conditions being met on or before July 1, 2013; and 17 18 WHEREAS, on May 29, 2013, the Applicant requested a six (6) month 19 extension of time to satisfy the conditions to the aforesaid street closure action; 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on July 2, 2012 (ORD -3245A), upon application of the City of Virginia Beach is 26 extended to January 2, 2014. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 25th day of June , 2013. 30 31 NO GPIN (RIGHT-OF-WAY) Adjacent to 1467-55-2459 and 1467-55-6189 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 1343014(411 CA12571 \\vbg ov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d005\p017\00073721.doc R-1 June 12, 2013 APPROVED AS TO CONTENT: LOCATION MAP ,AN clic 010CESE OF ROAM • (aa. 2774, PG 2713) WT A -i cPoi7457-56-7,211 ' CONCRETEWA\ ME FEED LOCATE? 4 EY , P.0 0! SEPRV R 2T APPRO.f(hJ 30' RAW TM LAE Ro T-cr- u'AY or WiSPEOFXD Mogi fia. IA PC. 3) HONG RaOCA7D T . ARABOCCUMENT. VARABLE L MMGE EASEMENT (aa. 2978. PG. 1980), NB, 218, PG 77) CO LA x tfi Nfl CITY OF UA EACH (iis7R . 20110204000124130 OMR 201 1 OJ QO 1,J8U) NO tit REFERENCE R=20.0Q' L=35.20' to.Rivas 1 lefr Lo Y art dF1 MK AM iQ & 1323. P 179) 9: 7'8, PG 31) GPiv ft487-45- 30'x40' EASEMeir RV RaOCAR D EU Um N (ma 906, PG. 7X/) R i E CORFGRA1?ON (Mt P.B. 3A, PG 351, 351A it .551B) PARCEL 9 1.9.11.P.42) VFW 111487-86-6189 DENOTES PORTION OF C1 EWLANb STREET TO OE CLOSED, AREA = 34,406 S.F. OR 01.790 AC. SEE SHEET 2 OF 2 FOR CURVE TABLE Da1 T StJ0k '1G A PORIION O CLEVEIAND STREET -67 - Item —V -L.2 PLANNING ITEM #62937 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re: creation of lots at 4166 and 4168 Charity Neck Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re: creation of lots at 4166 and 4168 Charity Neck Road (GPINs 2411621321; 2411625215; 2411629089) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled "Resubdivision Plat of Parcel A (2.70 Acres), Parcel A- 1 (2.3 Acres) and Parcel A-2 (2.26 Acres), Plat of Exchange of Property Between Adjacent Landowners (Hugh Etheridge ET UX & C. Randolph Zehmer Et UX"; dated February 19, 2013 and prepared by Owen & Jordal. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Fifth day of June, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -68 - Item -V-L.3 PLANNING ITEM #62938 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional Use Permit re boat maintenance and storage at 583 South Birdneck Road DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional Use Permit re boat maintenance and storage at 583 South Birdneck Road (GPIN 2416482407) DISTRICT 6 - BEACH The following conditions shall be required: 1. When the property is developed for the boat storage, it shall be developed substantially as shown on the submitted Exhibit. 2. No outdoor storage of any kind other than boats, vessels or watercraft shall be permitted within the limits of the storage area. No outdoor storage of equipment, parts, materials or junked boats or vessels shall be permitted. 3. The fenced -in boat storage area shall have a paved and/or gravel surface treatment. 4. There shall be no barbed wire installed along the top or any other portion of the fence. 5. All storage containers not allowed on the site by the Zoning Ordinance shall be removed from the site. 6. If lighting is to be installed, a lighting plan shall be submitted to the Development Services Center for review and approval prior to final approval of the final Site Plan. Such lighting shall be designed and installed to avoid projection of light and glare onto adjacent properties or, due to the site 's location within Accident Potential Zone (APZ-2), upward. 7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding that there will not be significant detrimental effects on the surrounding properties by such action, a deviation to the screening requirements for bulk storage yards (Section 228) is permitted as follows: a 6 -foot (6) tall chain-link fence with privacy mesh installed the width and height of each fence panel shall be allowed in lieu of the required 6 -foot (6) tall solid privacy fence. The required Category I landscape buffer, however, shall be installed along the front, east - facing fencing. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Fifth day of June, Two Thousand Thirteen June 25, 2013 -69 - Item -V-L.3 PLANNING ITEM # 62938(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -70 - Item -V-L.4 PLANNING ITEM #62939 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS, LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS, LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd (GPIN 1467960131) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited 9:00 A.M. to 10:00 P.M. 2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting Academy, Proposed Building Section and Wall Section," shall be installed as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy, " prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant's 'Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis, commencing with the date of City Council 's granting of this Use Permit, the Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility, and shall, if deemed necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. June 25, 2013 I -71- Item -V-L.4 PLANNING ITEM #62939 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Fifth day of June, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -72- Item-V-L.5a PLANNING ITEM #62940 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFFERED INDEFINATELY, BY CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §238 re Permitted Principal Uses and Structures in Mobile Home Parks Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -73- Item-V-L.5b PLANNING ITEM #62941 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): b. §901 re Bakeries, Confectioneries, and Delicatessens Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -74- ITEM V -M APPOINTMENTS ITEM #62942 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION June 25, 2013 -75 - ITEM V -M APPOINTMENTS ITEM #62943 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: SALLY SAUNDERS Four Year Term — 07/01/2013 — 06/31/2017 and APPOINTED: NICK VENTURA ELLIOTT JONES Four Year Term — 07/01/2013 — 06/30/2017 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -76- ITEM V -M APPOINTMENTS ITEM #62944 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: LYNN CARWELL REBA McCLANAN Two Year Term —11/01/2013 —10/31/2015 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -77- ITEM V -M APPOINTMENTS ITEM #62945 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: SUSAN T. MAYO Three Year Term — 09/01/2013 — 08/31/2016 INVESTIGATIVE REVIEW PANEL Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson June 25, 2013 -78 - Item -V-M ADJOURNMENT ITEM #62946 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:47P.M. Igyvi, nda Finley -Barnes, aMC Chief Deputy City Clerk 1 R Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia June 25, 2013 -78 - Item -V-M ADJOURNMENT ITEM #62946 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:47P.M. A anda Finley -Barnes, MC Chief Deputy City Clerk th Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Se'ssoms, Mayor June 25, 2013