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AUGUST 27, 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 I 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 27 AUGUST 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING - Building 19 - A. HEALTH CARE II. CITY MANAGER'S BRIEFING 3:30 PM - Conference Room - 4:30 PM A. SEVERE REPETITIVE LOSS — FEMA Program Mark Gemender, Operations Engineer — Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rick Crews Pastor of Green Run Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 13, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. KING NEPTUNE XL and HIS COURT Nancy A. Creech, President and CEO - Neptune Festival 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance I. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTIES — Little League J. ORDINANCES/RESOLUTIONS 1. Resolution re a Settlement Agreement with C. W. Williams and Fire-Dex re firefighting turnout gear 2. Ordinance re an Employment Contract for the City Manager 3. Ordinance to AUTHORIZE the City Manager to EXECUTE Leases for the use of City Park properties Little League operations a. 2513 Shorehaven Drive Great Neck Baseball League, Inc. b. 952 Reon Drive Kempsville Borough Boys Baseball, Inc. c. 586 North Lynnhaven Road Boys Baseball of Lynnhaven, Inc. d. 632 Firefall Drive Virginia Beach Little League, Inc. e. 3332 Northgate Drive Plaza Little League, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a temporary Agreement for the use of parking spaces at Town Center re valet services 5. Ordinance to REVISE the membership of the Community Organization Grant (COG) Review and Allocation Committee 6. Resolution to REQUEST the Commonwealth Transportation Board provide Economic Development Access Program funding for a new access road and turn lanes from General Booth Boulevard serving Corporate Landing Business Park and AUTHORIZE the City Manager to enter into any necessary agreements 7. Ordinance to APPROPRIATE an $80,000 interest-free loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. re a replacement ambulance K. PLANNING 1. Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non - Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 4. Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non- commercial marina to construct a pier at the 300 Block of Public Landing Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of NICHOLSON PROPERTIES, LLC and the CITY OF VIRGINIA BEACH for a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial to construct an office -warehouse building at 405 Fountain Drive DISTRICT 6 — BEACH DEFERRED INDEFINITELY RECOMMENDATION April 9, 2013 APPROVAL 7. Applications of the CITY OF VIRGINIA BEACH re Changes of Zoning in the Kempsville Historic Area, DISTRICT 2 — KEMPSVILLE a. B-2 Community Business, Conditional B-2 Community Business, 0-2 Office and R-7.5 Residential to B -4K Historic Kempsville Area Mixed Use b. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 403 South Witchduck Rd c. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at South Witchduck and Princess Anne Roads d. R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road e. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Princess Anne Road and Kempshire Lane f. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane RECOMMENDATION APPROVAL 8. Ordinance to AMEND Sections 203 of the City Zoning Ordinance (CZO) re parking in the B - 4K Historic Kempsville Area Mixed Use District RECOMMENDATION APPROVAL L. APPOINTMENTS Agricultural Advisory Commission Health Services Advisory Board Parks and Recreation Wetlands Board Workforce Housing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ******************************** 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 FALL CITY COUNCIL RETREAT Economic Development Conference Room FRIDAY, SEPTEMBER 6, 2013 8:30 AM 2013 CITY HOLIDAYS Labor Day - Monday, September 2 Veterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving November 28 & Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - fVednesday, December 25 08/27/2013/gw I -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 27, 2013 Mayor William D. Sessoms, Jr., called to order the City Council and School Board Joint Briefing re HEALTHCARE, in Building 19, Conference Rooms A and B, Tuesday, August 27, 2013, at 3:30 P.M. Council Members Present: 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, Rosemary Wilson and James L. Wood. Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph School Board Members Present: Beverly M. Anderson, Vice Chairman William J. Brunke, IV, Chairman Daniel D. "Dan" Edwards, Dottie Holtz, Joel A. McDonald, Bobby Melatti, Sam Reid, Elizabeth E. Taylor and Carolyn D. Weems School Board Members Absent: Emma L. "Em" Davis and Leonard C. Tengco August 27, 2013 -2 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047 3:30 P.M. Mayor Sessoms introduced Deputy City Manager Cindy Curtis. Ms. Curtis acknowledged the Team who has been working to put together potential options for change in the 2015 Plan Year. Ms. Curtis advised the Team is looking forward to today's discussion and dialogue as it will help develop other options for discussion in October. Ms. Curtis introduced Linda Matkins, Director of Benefits. Joint City Council/School Board Meeting August 27, 2013 Ms. Matkins advised today's briefing would cover the following: Agenda Benefits Executive Committee Goals Overview Health Care Contributions Differential Health Care Fund Balance Plan History Current Health Care Plans Other Employee Benefit Plans 2015 Health Plan Options Health Care Strategy Considerations ., Next Steps August 27, 2013 -3 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Below is the Benefits Executive Committee Goals: Benefits Executive Committee Goals Offer affordable, quality health care as part of a total compensation package • Control costs by managing the health care trend and reducing the GASB 45 liability • Maintain a healthy and productive workforce •> Achieve best prices for goods and services Focus on health risks that are significant cost drivers Promote a culture of change and accountability • Promote health awareness, education and involvement of enrollees in their health and wellness Overview • Options are being presented due to unsustainability of health care costs Health fund balance is dwindling Mandated changes are contributing to increased costs Mental Health Parity Act Women's Health and Cancer Rights Act GASB Statement No. 45 Annual Required Contribution (S4M annual/y) • Free preventive care • Removal of annual and lifetime limits on essential health benefits for in -network services • Extending coverage for young adults to age 26 • Individual mandate requiring individual to have health coverage ($4.3M in 2079) Transitional Reinsurance Fee (51.9 in 2074) • Patient -Centered Outcomes Research Institute fee (80.1M in 2014) • Employer mandate requiring coverage for employees working 30 hours or more per week on the average (53.0M projected for 2079; however, mandate delayed until 2015) August 27, 2013 -4 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Ms. Matkins advised the City and Schools pay 80% of employee premiums. It is important to note the Health Care Plan is managed on a calendar year basis; but, the figures below are from fiscal year reporting. Therefore, they will not be consistent with Plan Year costs previously provided. Health Care Contribution Differential 5140.0 51x0.0 51000 5400 $20. 50.0 '... 520.0 --4—Employee Contributions 567 . 51x4 —58•, Employer Contributions 558 6 063 3 Health Fund Reserve, uue. 516 50.0 Total Contributions 507.9 580.6 • Unaudited 407 f1108 21,09 6410 fY 5166 516.2 5111 517.1 5805 583.1 5861 588.7 __. ..... _._. 50.0 50.0 50.3 50.3 59].1 ,144 5 The Health Care Fund Balance is projected to decrease to $4.5 -MILLION by the end of Fiscal Year 2013. Health Care Fund Balance August 27, 2013 -5 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) In 2009, the City and Schools implemented costs for Employee Only coverage, which was previously paid by the Employer. In 2010, the Equity High Deductible Health Plan with a Health Savings Account was implemented, eliminating the Basic PPO Plan. Plan History (Jan 1 -Dec 31) 2009 Plan Year o Added deductible of $100 individual/8200 family to HMO plan Received "Gold Start! Fit -Friendly" designation from the American Heart Association • Claims audit conducted Dependent audit conducted • Implemented cost to Employee Only coverage (previously provided at 100%) 2010 Plan Year Implemented Equity HDHP plan with Health Savings Account, eliminating Basic PPO plan ,. Received "Start! Fit -Friendly" Gold designation from the American Heart Association Claims audit conducted In 2011, the dependent age increased to 26, per Federal Mandate and in 2012, the Wellness for Life screenings began. Plan History --continued 2011 Plan Year Increased dependent age to 26 • Removed lifetime limits / Removed annual limits on essential health benefits for in -network services • RFP conducted for health plan • Implemented reduced copay benefit program for compliant diabetics • Received Wellness in the Workplace Award from the Virginia Business Coalition on Health Received "Start! Fit -Friendly" Gold designation from the American Heart Assoc • Claims audit conducted 2012 Plan Year vBWellnessfo/tife screenings began - Removed limits on Early Intervention Services Received "Start! Fit -Friendly" Gold designation from the American Heart Association ,; Claims audit conducted - RFP conducted for health care consultant August 27, 2013 -6 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) In 2013, the Point of Service Plan was implemented and changed the contribution strategy to 90% coverage for employees and 60%for dependents. Plan History --continued 2013 Plan Year Implemented POS plan (Point of Service), with elimination of HMO and PPO Increased premiums - Changed contribution strategy to 90% coverage for employee and 60% for dependents • vBWellnessforLife program began with health care premium credit and health coaching Eliminated double -employee reduced premiums. Employees received a credit throughout 2013 for a transition year. Included GASB annual required contribution into rate setting • Received "Start! Fit -Friendly" Gold designation from the American Heart Association • Claims audit being conducted Provided mandated Uniform Summary of Benefits Coverage No longer grandfathered health plan under health reform due to plan changes 9 For the 2014 Plan Year, the deductibles, copays and premiums increase; however, the deductible for physician oice visits is eliminated. Plan History --continued 2014 Plan Year Increased deductibles, copays, and premiums • Removal of deductible for physician office visits . Sentara MDLIVE (Telemedicine) • Optima Health AccordantCareTM Program SQCN (Sentara Quality Care Network) Pharmacy preferred network (Walmart/Walgreens) -- Provide on-line open enrollment for city employees ;. Health reform projected costs included in rates 10 August 27, 2013 -7 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Ms. Matkins advised approximately 98% of employees are enrolled in the Point Of Service Plan and the Wellness and Prevention Program continues to integrate with the Plan. Current Health Care Plans Health POS (Deductible 5300/S600) Enrollment (as ofJu/y2073, exc/uding COBRA)- 1 5,096 Active City 5,286 / Retired City 808 Active Schools 8,263 / Retired Schools 739 = Total Lives (City 10,701 / Schools 15,149) Equity HDHP (High Deductible Health Plan) (Deductible 51,250/$2,500) HSA (Health Savings Account) Employer Contribution of $500 annually - Enrollment (as ofJu/y2073, excluding COBRA)- 219 o Active City 73 / Retired City 3 Active Schools 134 / Retired Schools 9 • Total Lives (City 185 / Schools 388) Wellness & Prevention - Program to empower employees with the knowledge and resources necessary to take an active role in improving their quality of life, satisfaction, and overall state of health and well-being, and to reduce health care costs through responsible wellness and healthcare choices. Below are the other Employee Benefit Plans: Other Employee Benefit Plans Dental (Gold, Silver) •i Enrollment (as ofJufy2073, excluding COBRA)- 14,046 • Active City 4,844 • Retired City 1,025 (permitted for Medicare eligible) • Active Schools 6,860 • Retired Schools 1 ,31 7 (permitted for Medicare eligible) Flexible Spending Account - A flexible spending account allows employees to set aside pre-tax earnings to pay for qualified expenses. Plans Health Care (up to 52,500) - IRS Code Section 21 3(d) expenses Dependent Care (up to 85,000) - Child care expenses up to age 13 to care for dependents while parents are working or a full-time student Private Insurance (up to annual cost of coverage) - To pay for certain non -group insurance plans that do not return premiums or build cash value. •1• Enrollment (as ofluty2073)-City 1,687 / Schools 1,719 12 August 27, 2013 -8 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Other Employee Benefit Planscontinued Legal - A prepaid legal services plan providing confidential legal counseling, advice, and discounted courtroom representation for employee and eligible dependents. , Enrollment (as of August 2013) - City 1,581 / Schools 1,426 Long Term Care - Coverage to help pay costs associated with care received at home or in a facility when assistance is needed to perform basic activities of daily living: eating, bathing, dressing, toileting, transferring from one location to another, continence, or due to severe cognitive impairment from a condition such as a Alzheimer's disease or stroke. The need for coverage may result from an accident, illness, or advancing age. Enrollment (as of August 2013)- City 229 / Schools 223 Long Term Disability - Replaces a portion of income if employee should become sick or injured and cannot work. It also provides assistance and support for return -to -work efforts. Enrollment (as of August 2073) -City 1,041 / Schools 1,028 13 Other Employee Benefit Plans --continued Basic Life Insurance - Life insurance provided (paid by City and Schools) to benefits -eligible employee with guaranteed coverage and coverage at two times base annual salary for natural death. Coverage also provided for accidental death, dismemberment, and a living benefit for terminal medical conditions. Coverage (as of August 2013) - City 5,882 / Schools 9,708 Optional Life Insurance - Optional life insurance, in addition to Basic Life, up to four times base annual salary for natural death. Coverage also provided for accidental death, dismemberment, and a living benefit for terminal medical conditions, and is available for spouse and children. Enrollment (as of August 2073)- City 919 / Schools 941 457 Deferred Compensation - Retirement savings plan with pre-tax payroll deductions offering a range of investment options. > Enrollment (as of August 2013) - City 3,287 / Schools 319 14 August 27, 2013 -9- CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Other Employee Benefit Plans --continued 403(b) Tax Sheltered Accounts (school employees only) - Tax-sheltered account providing the opportunity to save for retirement through pre-tax payroll deductions, with annuities, variable annuities and custodial accounts made up of mutual funds. Coverage (as of August 2073) - Schools 2,681 Virginia Retirement System - Defined benefit plan paid by the employer to provide eligible members and beneficiaries a pension at retirement, or upon disability or death. a Coverage (as of August 2073) -City 5,882 / Schools 9,659 Employee Assistance Program - An employer paid program offering confidential counseling assessment and referral services for active employees and their immediate family members in dealing with personal issues. Provided to all employees, including part-time Below are options for the 2015 Health Care Plans: 201 5 Health Plan Options <• Lower Cost Plan Offerings • HSA incentive offering 3r" low coverage option • State health plan Limiting Coverage • Tier offerings • Equity HDHP only health plan offering • Utilize state exchanges for retiree coverage Cost Shifting • Contribution strategy • Plan design Quality and Accountability • Quality care network of providers • Health plan eligibility through VBWellnessforLife Outcomes -based incentives 16 August 27, 2013 -10 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) 201 5 Health Plan Options__continued HSA Incentive - Offer a one-time employer contribution of $1,000 (in addition to the existing annual $500 prorated employer contribution) into the HSA plan to incentivize employees to move to the Equity HDHP. Considerations: Require a two year enrollment to avoid employee receiving the incentive and then moving out of the plan the following year. This one- time incentive may provide financial security to those that are fearful of the large out-of-pocket expense that would be incurred if they had a claim before having the opportunity to build up a balance in their HSA. 3r° Low Coverage Option - Offer a third low coverage option with resulting lower premiums. Plan would have lower premiums, higher out-of-pocket expenses, and would not cover certain services currently offered by our Point of Service and Equity HDHP plans, such as chiropractic, hearing aid, infertility, and gastric bypass. Considerations: Would provide lower premiums to those that want a low cost option. The State is conducting an analysis to possibly offer their current Health Care Plan to City and Schools throughout the Commonwealth: 201 5 Health Plan Options --continued State Health Plan -The Commonwealth of Virginia is gathering and analyzing data to determine the impact to the State plan if it were made available to all Virginia municipalities and school divisions. Considerations: Approval is required by the General Assembly. An analysis would need to be performed to determine if opting into this plan would provide the best option for our group. The completion date of the study and a projected effective date, if approved, have not been communicated. Limiting Spouses - Revise tier structure to limit spouses by only providing Employee Only, Employee + Child, and Family enrollment options. Considerations: This limited tier structure may drive spouses to other available plans. This option may be implemented in lieu ofa spousal surcharge, since a spousal surcharge would be reliant upon self reporting by the employee, certifying that the spouse did not have access to other group coverage. Spouses that do not have access to other group coverage may consider coverage under the state exchange if family coverage is cost prohibitive. August 27, 2013 -11 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Another option is to freeze the Point of Service Plan and offer only the High Deductible Plan for new employees. 2015 Health Plan Options__continued Equity HDHP Only Health Plan Offering - Freeze the POS plan with new hire enrollment only available in the Equity HDHP. Current employees would have the option of moving to the Equity HDHP, but oncethey have moved will not have the opportunity to return to the POS. Considerations: Impact to recruitment and retention. Utilize State Exchanges for Retiree Coverage - Require retirees to utilize the state exchanges rather than providing coverage through the employer group plan. Considerations: Coverage will be provided on the state exchanges with no pre-existing condition limitations. This option would eliminate the GASB liability. This option may slow the natural turnover rate expected in the workforce as employees work longer to retain health care coverage. An option of providing funding into a Health Reimbursement Arrangement might also be considered. 19 Below are some cost shifting ideas for consideration: 2015 Health Plan Options__continued Cost Increases Passed to Employee: Contribution Strategy - The City/Schools covers 80% of the total cost of health care. A contribution strategy could be developed to no longer cover 80%, but rather establish a specific amount that will be contributed with the excess costs passed along in premium increases. Considerations: This could result in very large premium increases due to the fact that the City and Schools currently absorb 80% of increases. Plan Design - A plan design strategy could be developed to increase the deductible with the resulting increases in costs rather than premium increases. Considerations: Health reform requires that a plan's share of the total allowed costs of benefits provided under the plan is at /east 60%, and therefore this would need to be monitored to maintain compliance. 20 August 27, 2013 -12 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) 201 5 Health Pian Options__continued Quality Network - We are partnering with Optima Health in 2014 to provide additional care for members that utilize a provider in the Sentara Quality Care Network (SQCN). A future option may be to drive additional members to quality providers by offering lower copayments when seeking care from a SQCN provider. Considerations: The SQCN network is Optima Health's Clinically Integrated Network required under health reform, and is expected to deliver effective population -based medicine. This model requires a robust set of competencies targeted to stabilize and improve the health status of individuals within the population and innovative tools and capabilities that offer providers pertinent and timely information to ensure the right care is being provided by the right care giver in the right place at the right time and at the right cost." Additional options require all employees to participate in the Wellness for Life and move to an Outcome Based Health Care Plan Cost Sharing. 201 5 Health Plan Options__continued Health Plan Eligibility - Make participation in VBWellnessfortife a requirement for health plan eligibility. Considerations: Many employees believe that the opportunity to receive health care through their employer is a right and that their health status is private; however, the health of an employee has a financial impact on the employer through workplace productivity and costs of providing health care. The health status of an employee also impacts the premiums of everyone covered on the plan since the costs of claims and other expenses determines premiums. Making VBWel/nessforLife a requirement may bring awareness to the importance of maintaining a healthy lifestyle. Outcomes -Based Incentives - Require employee to reach a specified outcome in order to receive v6WellnessforLife incentive (e.g., tobacco -free, specific BMI). Considerations: This option would be more invasive, for example to include a tobacco screening rather than self -reporting, and it would require our plan, under federal law, to provide alternatives to meeting the outcomes, based upon establish disabilities or impairments. It would, however, provide greater accountability for lifestyle choices. Additional resources may be required in order to administer this option. 22 August 27, 2013 -13 - CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING HEALTHCARE ITEM #63047(Continued) Below are other Health Care strategy considerations: Health Care Strategy Considerations Pharmacy formulary management On-site clinic Smoke-free campus Centers of excellence for high cost procedures Second opinion/decision support program Data warehousing to guide decision making Risk sharing arrangement Price and quality transparency tools Pay for value, not fee for service Education/ marketing 23 The Benefits Executive Committee will provide recommendations and options for the 2015 Health Care Plan in October. Next Steps �• September - Employee communication on exchanges (required by Oct 1) October - Joint meeting to discuss and prioritize 2015 plan design changes Mayor Sessoms thanked Ms. Curtis, Ms. Matkins and the entire Team for all of their hard work. August 27, 2013 -14 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 27, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, August 27, 2013, at 4:30 P.M. Council Members Present: 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, Rosemary Wilson and James L. Wood. Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -15 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048 4:30 P.M. Mayor Sessoms introduced and welcomed Mark Gemender, Operations Engineer — Public Works. Severe Repetitive Loss Review and Update Mr. Gemender advised the Briefing will provide a status of the City's efforts in Severe Repetitive Loss, including a review of what the program is about; provide a timeline of accomplishment; account for the time and effort of Staff. discuss some of the challenges; and, what lies ahead. Summary Outline • Severe Repetitive Loss Primer • Program Review • Relationship with VDEM and FEMA Region 3 City of Virginia Beach Approach • Successful Application Process • Timeline of accomplishments • FEMA interpretation of SRL Grant and Restrictions • Basis for re -solicitation of Bids on homeowners' behalf. • Recommendations going forward • Organization • Basis for Re -solicitation of Bids z August 27, 2013 -16 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) The FEMA Repetitive Loss Program has been around since 2004. The focus of the Program is to reduce the expenditure of Federal Funds devoted to the National Flood Insurance Fund through identiing properties that are repetitively flood damaged and can show a significant savings. The key take -away is the Benefit Cost Ratio and the Greatest Savings to the National Flood Insurance Fund needs to be positive and demonstrated to be positive in the application to FEMA FEMA Severe Repetitive Loss Program Review ▪ Authorized in 2004 Flood Insurance Reform Act Mitigate the effects of repetitive flooding on SRL Properties * Reduce the total number of SRL properties insured by NFIP • Save Federal tax dollars through demonstration of an acceptable Benefit -cost ratio and the greatest savings to the National Flood Insurance Fund The City's goal has been to put together a package, which would successfully compete for Severe Repetitive Loss Grant Funding by generating a viable list of properties and then contract under the Virginia Procurement Law for the elevation of privately owned properties. For a property to be eligible, the claimed damage needs to be both severe (at least $5, 000 per claim) and repetitive (at least 4 separate claims within a 10 year period). The Severe Repetitive Loss Program is voluntary on the part of the property owner and requires some acknowledgement of costs. FEMA Severe Repetitive` Loss Program Review • Virginia Beach Goal: successfully compete for FEMA grant funding with a list of properties which are feasible elevation projects and contract under Virginia Procurement regulations, for elevation of privately owned properties. (FEMA required) What is an SRL Property? • Property insured by the National Flood Insurance Program • Property which has had claim payments from the NFIP which are: • Severe: at least $5,000 per claim • Repetitive.- at least 4 separate claims within a ten year period totaling at least $20,000 • SRL Properties are identified by the National Flood Insurance Program and the lists are provided to Virginia Department of Emergency Management. • Properties are evaluated for the benefits of elevation above the Base Flood Elevation (BFE) August 27, 2013 -17 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) What makes this program attractive, from the financial perspective is the Federal Cost Share of 90% versus the homeowner's share of 10%, which the City is responsible for 10% of the pre -and post -award grant administration cost of approximately $20, 000. FEMA Severe Repetitive Loss Program Review FEMA SRL Grant program provides: • Ninety percent federal cost share • Ten percent local share borne by homeowners • City responsible for ten percent of the pre and post award grant administration costs @ $20 K Severe Repetitive Loss is a Project Grant under the Flood Mitigation and Assistance Program ("FMA"). There are two broader Federal Programs: The Flood Mitigation Assistance Program, which is geared towards preparation and cost avoidance for planning projects like SRL and Management Grants to the State; and, Hazard Mitigation Grant Program ("HMGP') which typically follows a Disaster Declaration, providing approximately 75% Federal Cost Share to municipalities. Federal Grant Programs Pre -Disaster • Flood Mitigation Assistance (FMA) • Planning Grants to prepare Flood Mitigation Plans • Project Grants to implement measures to reduce flood losses, such as elevation, acquisition, or relocation of NFIP-insured structures • Management Cost Grants for the State to help administer the FMA program and activities Post -Disaster ▪ Hazard Mitigation Grant Program (HMGP) • Provides grants to states and local governments to implement long-term hazard mitigation measures after a major disaster declaration • FEMA funds 75% • 25% Non -Federal Cost Share August 27, 2013 -18 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) The City must comply with rules in working under FEMA as outlined below: FEMA Region 3 Rules FEMA 3 Administration Criteria has proven unique and challenging in the Administration of the Grant FEMA 3 required that design be complete, reviewed and approved by both VDEM and FEMA Region 3 with all scoping issues (very detailed) resolved, prior to advertising. • This is a new requirement unique to Region 3 which occurred just prior to approval of Virginia Beach application Generally: Costs attributable to house elevation, at building code minimums, are eligible. All else is ineligible FEMA Region 3 Rules Requirement for City to Contract on behalf of Homeowners • Other regions allow homeowners to engage pre -qualified contractors while the municipality awards contract, manages eligibility requirements and issues final payments for eligible costs. FEMA 3 to review bids prior to award • Comparison to original cost estimate in the grant application • Evaluate eligible and ineligible costs • Review of other items which could affect project implementation and contribute to cost overruns • City bears the burden of proving to FEMA 3 that any suspected ineligible costs are not paid from Grant funding The City of Virginia Beach is the first municipality starting this process in the Commonwealth. Eligible Costs vs. Ineligible Costs z August 27, 2013 -19 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Below are the eligible SRL FEMA costs: FEMA Region 3 Rules Eligible SRL FEMA costs • Basic elevation method at the lowest cost alternative • Elevation of existing deck, porch or stairs • Construction of new access stairs/railings at minimum code requirements • Reasonable living expenses • Erosion/sediment control and grading and reseeding • Repair of driveways damaged by elevation process • Reconnection of Utilities Below are the ineligible SRL FEMA costs: FEMA Region 3 Rules Ineligible SRL FEMA costs • Those costs associated with additions • Repairs rehabilitation or deferred maintenance necessary to elevate the property • Landscaping • Exterior finish on the exposed foundation • Chimneys and fireplaces to be considered on cases by case 10 August 27, 2013 -20 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) The example below is an elevated property that has only eligible items performed. This property has access stairs, exposed concrete block footer and did not have a garage. August 27, 2013 -21 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Elevated Properties (before) August 27, 2013 -22 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Elevated Properties (after) August 27, 2013 -23 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) A tremendous level of effort took place over the course of preparing the Grant, particularly the collecting and analyzing the data necessary to prepare a "competitive package" to submit to FEMA. This effort required a thorough knowledge of the Program and experience in projecting project feasibility along the way so resources are not expended which will not lead to a successful application and project. Our Approach, Grant Approval • January 2010 Beck Disaster Recovery(SAIC) was retained • Evaluate VDEM listed SRL properties. • Evaluate other properties for which owners came forward requesting consideration. • Develop application package for submission to FEMA. • Administer Grant when awarded. • City included source data from: • VDEM validated SRL properties listing • Properties for which letters of Substantial Damage had been issued by the City • City collected additional data from: • Online survey that allowed homeowners to provide contact information, address and insurance claim history. Many non SRL properties were evaluated • Posted press releases to City homepage and various media outlets to direct homeowners to survey and BDR staff. • Resulted in a list of 80 properties to be evaluated • 28 of these properties originally recognized by FEMA as SRLs • 52 non SRL properties to perform due diligence on behalf of the homewoners • Final approval in November 2010 for nine properties. August 27, 2013 -24 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Below is a summary of the Current Grant: 9 total Greatest Savings to the Fund Properties, eligible and interested homeowners Project totals $1,721,265.00 and saves $1,755,299.00. (1.13 GSTF) • Includes costs for : • Pre -Award and Application • Elevation Contract Costs • Elevation Engineering and Inspections • Administration of the Grant documentation Administration of Grant • Follow Virginia Procurement Law in soliciting for elevation contractors • Comply with VDEM and FEMA direction to prepare designs prior to Invitation For Bid. Obtain VDEM and FEMA design approval throughout design process, revising design as required Pre Qualify Contractors 4 Advertise Invitation for Bid with design and specifications fiBidders to identify cost items for determination of eligible/ineligible costs for FEMA scrutiny. 4 Resolve Cost effective alternatives to FEMA's satisfaction/approval • Focus to protect homeowners and provide a turnkey approach to eligible and ineligible activities 20 August 27, 2013 -25 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Accomplishment Timeline SAIC was retained January aoro • Application submitted to VDEM October 10, 2010 • Application submitted by VDEM to FEMA December 3o, 2010 Grant Agreement VDEM/City October 11, 2011 • Grant Admin Kick Off meeting November 2, 2011 6o% Drawings went to VDEM/FEMA* August/Sept 2012 • Sandy October 2012 - Inspections Completed December 2012 • r00% Drawings went to VDEM/FEMA* February 2013 • VDEM/FEMA/CITY* March- May 2013 • *Back and Forth over Chimneys, Decks, Garages, Cost effective alternatives Severe Repetitive Loss Bid Timeline Out for Bid June 2.013 • Bids Due August 2013 • Requests for Information from bidder June -Aug 2013 • Elevation Contractors unfamiliar with new design requirement • Previous experience in bidding based upon site inspection and Contractor determined means and methods • Bid Results August 6, 2013 • One of two prequalified contractors withdraws • Single bid rejected as non-responsive and above funds available. Team decides to re -solicit with revised acquisition strategy, more competition August 8, 2013 2.3 August 27, 2013 -26 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Re -solicit Bids Strategy and Timeline No pre -qualification and increased competition • Require 5 year limited warranty • Awards will be limited to the Contractor's available bonding capacity City award elevation contract based upon FEMA eligible elevation costs only • Fulfill City's role as Grant Sub -Applicant • Segregate costs for FEMA 3 review • Homeowners to contract separately, unconstrained by Virginia procurement regulations Develop detailed agreement between City, Homeowner and Contractor delineating incremental costs responsibilities (eligible vs ineligible). 23 Re -solicit Bids Strategy and Targeted Timeline Timeline • Sept 13 - Simplified scope of work to accomplish FEMA eligible activities • September 27 - Advertise separate contracts for each property • October 8 - Conduct Pre-bid meeting with prospective Contractors • October 17 - Bid Opening 2 - August 27, 2013 -27 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) The City does not have the resources to properly administer the FEMA Grant Programs in general. Other municipalities usually have a full time Mitigation Planner in Emergency Management to administer FMA Grants. The City is unable to benefit from HMA grants which become available to municipalities because we do not have the dedicated staff required. Staff Resourcing for FEMA Grant Programs • To date, No dedicated Staff FTE to Flood Mitigation Assistance (FMA) grant program management • Contract Support with SAIC was pre -financed from PW Stormwater fees. Other regional Cities have a full time Mitigation Planners in Emergency Management to administer FMA grants. • Unable to take advantage of all FMA grants which may become available to localities. 25 Below is what a functional organization for the FMA Program would look like in the City: functional Organization fort e FMA Program in Virginia Beach }Ire Deparem Ian Managcvnent August 27, 2013 -28 - CITY MANAGER'S BRIEFING SEVERE REPETIVE LOSS — FEMA Program ITEM #63048(Continued) Discussion Mayor Sessoms thanked Mr. Gemender and the entire Public Works Department for their hard work. Mayor Sessoms also wished Mr. Gemender a successful and restful retirement as he has certainly been a dedicated City employee for many years. August 27, 2013 -29 - CITY COUNCIL COMMENTS 5:05 P.M. ITEM #63049 Councilman Moss expressed concern regarding the City Manager's Memo dated August 23, 2013, regarding "compression ". The funding for the compression adjustment came from under -executed payroll and the Reserve Account, unilaterally increasing the budget base without a vote from the City Council. Mr. Moss suggested these funds should have been appropriated. ITEM #63050 Councilman Moss requested an update regarding the Light Rail responses. City Manager Spore advised October 215` is the deadline for any party to submit a bid. Mr. Spore stated that he had not been contacted by any other party. ITEM #63051 Councilman Moss requested an analysis to what is driving construction timeline that it takes so long to complete projects. ITEM #63052 Councilman Moss requested an update to the traffic modeling study and timeframe to be back before City Council with their findings. August 27, 2013 -30 - CITY COUNCIL COMMENTS (Continued) ITEM #63053 Council Lady Ross -Hammond attended the Africana Fest 2013 this past weekend. The event was well attended and it appeared that everyone attending enjoyed themselves. ITEM #63054 Council Lady Ross -Hammond distributed a form from Kempsville Pony Baseball for the "Good Game" Statue to anyone who might be interested in supporting this program. ITEM #63055 Councilman Moss advised the City Attorney's Office drafted a proposed Ordinance regarding dredging costs which will, hopefully, be considered at the first meeting in September. August 27, 2013 -31 - AGENDA REVIEW SESSION 5:12 P.M. ITEM #63056 BY CONSENSUS, the following shall compose the CONSENT AGENDA: T. ORDINANCES/RESOLUTIONS 1. Resolution re a Settlement Agreement with C. W. Williams and Fire-Dex re firefighting turnout gear 2. Ordinance re an Employment Contract for the City Manager 3. Ordinance to AUTHORIZE the City Manager to EXECUTE Leases for the use of City Park properties Little League operations a. b. c. d. e. 2513 Shorehaven Drive 952 Reon Drive 586 North Lynnhaven Road 632 Firefall Drive 3332 Northgate Drive Great Neck Baseball League, Inc. Kempsville Borough Boys Baseball, Inc. Boys Baseball of Lynnhaven, Inc. Virginia Beach Little League, Inc. Plaza Little League, Inc. 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a temporary Agreement for the use of parking spaces at Town Center re valet services 5. Ordinance to REVISE the membership of the Community Organization Grant (COG) Review and Allocation Committee 6. Resolution to REQUEST the Commonwealth Transportation Board provide Economic Development Access Program funding for a new access road and turn lanes from General Booth Boulevard serving Corporate Landing Business Park and AUTHORIZE the City Manager to enter into any necessary agreements 7. Ordinance to APPROPRIATE an $80,000 interest-free loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. re a replacement ambulance Councilman Moss will vote a VERBAL NAY on Item#2 ITEM #4 SHALL BE CONSIDERED SEPARATELY August 27, 2013 -32- A GENDA REVIEW SESSION ITEM #63056 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 2. Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non -Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH 3. Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT 4. Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non- commercial marina to construct a pier at the 300 Block of Public Landing Road DISTRICT 7 - PRINCESS ANNE 5. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE 6. Application of NICHOLSON PROPERTIES, LLC and the CITY OF VIRGINIA BEACH for a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial to construct an office -warehouse building at 405 Fountain Drive DISTRICT 6 — BEACH 7. Applications of the CITY OF VIRGINIA BEACH re Changes of Zoning in the Kempsville Historic Area DISTRICT 2 — KEMPSVILLE a. B-2 Community Business, Conditional B-2 Community Business, 0- 2 Office and R-7.5 Residential to B -4K Historic Kempsville Area Mixed Use b. B-2 Community Business (HK) • to B -4K Historic Kempsville Area Mixed Use (HK) at 403 South Witchduck Rd c. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at South Witchduck and Princess Anne Roads August 27, 2013 -33- A GENDA REVIEW SESSION ITEM #63056 (Continued) d. R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road e. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Princess Anne Road and Kempshire Lane f B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane 8. Ordinance to AMEND Sections 203 of the City Zoning Ordinance (CZO) re parking in the B -4K Historic Kempsville Area Mixed Use District ITEMS #5 and 6 SHALL BE CONSIDERED SEPARATELY August 27, 2013 -34- ITEM#63057 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 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 August 27, 2013 -35- ITEM#63057 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:17 P.M. Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: (Closed Session Glenn R. Davis and William R. "Bill" DeSteph, 5:17 P.M. - 5:30 P.M.) August 27, 2013 -36 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 27, 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, August 27, 2013, at 6:00 P.M Council Members Present: 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, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph, INVOCATION: Reverend Rick Crews Pastor — Green Run Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. 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 August 27, 2013 -37 - Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of August 13, 2013, is hereby made a part of the record. August 27, 2013 Item -VI-E CERTIFICATION -38- ITEM #63058 Upon motion by Councilman Wood, seconded by Councilman Dyer, 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: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 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 #63057 Page 35, 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. uth Hodges Fraser, MMC City Clerk August 27, 2013 Item -VI -F.1 MINUTES -39- ITEM #63059 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 13, 2013. Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -40 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63060 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 27, 2013 -41 - Item - VI -H.1 MAYOR'S PRESENTATION ITEM #63061 KING NEPTUNE XL and HIS COURT Edward Amorosso, Celebration Chairman - Neptune Festival Mayor Sessoms introduced and welcomed Celebration Chairman Edward Amorosso. Mr. Amorosso expressed appreciation, on behalf of the Neptune Organization, for the support the City continues to provide. The Neptune Festival Organization is comprised of over 800 Volunteers. The Festival is the Official Celebration of the City and is one of the top festivals in the Country. The Neptune Festival was established forty (40) years ago as a means of extending the "Resort Season" by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mayor Sessoms expressed appreciation to President, Nancy Creech and the Members of the Neptune Festival. The Mayor and City Council are extremely proud of their accomplishemtns. Mr. Amorosso presented King Neptune XL and his Court: 2013 ROYAL COURT KING NEPTUNE XL James M. Arnhold. President Home Associates of Virginia PRINCESSES Fatima Ajose Cailey Crow Grace Cummings Bayli Hahn SydneyMoondra Nicole Saks Natalie Savino Tiana Timm August 27, 2013 Item -VI -H.1 MAYOR'S PRESENTATION -42- ITEM #62139 (Continued) TRITONS William D. Almond Jason A. Barefoot E. Bernard Boone, III Donald R. Crigger J. Scott Cutchin Stephen R. Davis William L Foster, III Thomas C. Kleine Christos M. Xystros Mr. Amorosso introduced KING NEPTUNE XL, James Arnhold and Lady Helen Green. Mayor Sessoms welcomed them both. King Arnhold thanked the Mayor and City Council for their recognition and stated it is an honor to be presented at City Council. There are a lot of people working very hard to make this Festival one of the best on the East Coast. He expressed his appreciation to the Staff and the many Volunteers. King Arnhold appreciates the City's support. He presented the Mayor and City Council with Neptune Festival Coins. Mayor Sessoms wished King Arnhold great success during his reign and thank everyone for your representation. August 27, 2013 -43 - Item -VI-H.2 PRESENTATION ITEM #63062 GFOA EXCELLEENCE IN FINANCIAL PLANNING Patricia Philips, Director — Finance Mayor Sessoms introduced Patricia Phillips — Director, Finance, and presented her the Certificate of Achievement for Excellence in Financial Reporting for Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2012. This Award represents the highest standards in government accounting and financial reporting. Ms. Phillips thanked the Mayor and Members of City Council for their commitment to transparency. This is the 32nd consecutive annual Certificate of Excellence the City has received. Ms. Phillips acknowledged and thanked her Staff for all of their hard work, with special recognition to Donald Barnett, City Comptroller. August 27, 2013 -44 - Item -VI-I.1 PUBLIC HEARINGS ITEM #63063 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY OWNED PROPERTIES Little League There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 27, 2013 -45 - Item —VI -J ORDINANCES/RESOLUTIONS ITEM #63064 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, 1, 2(MOSS VOTE VERBAL NAY), 3a/b/c/d/e, 5, 6 and 7 of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -46 - Item -VI -J.1 ORDINANCES/RESOLUTIONS ITEM #63065 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re a Settlement Agreement with C. W. Williams and Fire-Dex re firefighting turnout gear Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 A RESOLUTION TO APPROVE A SETTLEMENT 2 AGREEMENT WITH C.W. WILLIAMS AND FIRE-DEX 3 REGARDING FIREFIGHTING TURNOUT GEAR 4 5 WHEREAS, in 2006, the City entered into a contract with C.W. Williams for the 6 purchase of protective garments for firefighters ("Turnout Gear"), manufactured by Fire - 7 Dex; and 8 9 WHEREAS, the City purchased 282 sets of Turnout Gear coats and trousers and 10 13 additional trousers at a total cost of $374,491.60; and 11 12 WHEREAS, in the late spring and early summer of 2009 the City expressed 13 concerns to Fire-Dex regarding certain design features and conditions in the Turnout 14 Gear; and 15 16 WHEREAS, the City was unable to reach an agreement at that time with C.W. 17 Williams and Fire-Dex (collectively, the "Defendants") to resolve the City's concerns; 18 and 19 20 WHEREAS, the City filed a lawsuit in the Circuit Court for the City of Virginia 21 Beach, Virginia, for alleged damages relating to the Turnout Gear; and 22 23 WHEREAS, the Defendants denied the allegations asserted by the City and filed 24 responsive pleadings so stating; and 25 26 WHEREAS, the Defendants asserted substantial defenses to the City's claims, 27 and the cost to litigate this matter to trial likely would be substantial; and 28 29 WHEREAS, the Defendants desire and intend to resolve and settle all claims by 30 and between them and the City; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the City Council hereby approves a settlement agreement consistent with 36 the agreement attached hereto at Exhibit A; and 37 38 BE IT FURTHER RESOLVED 39 40 That the City Manager and the City Attorney are hereby authorized and directed 41 to undertake those actions consistent with the Council's approval of such settlement 42 agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of August , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12640/ R-2 / August 7, 2013 EXHIBIT A SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Settlement Agreement") is made and effective this 16th day of April, 2013, by and between Complainant City of Virginia Beach ("City") and Respondents C.W. Williams & Company LLC ("C.W. Williams") and Fire-Dex, LLC ("Fire- Dex") (collectively "Defendants"). The City and the Defendants are referred to collectively as the "Parties." WHEREAS, in 2006, the City entered into a contract with C.W. Williams for the procurement of protective garments for firefighters, manufactured by Fire-Dex ("Turnout Gear"); and WHEREAS from or about November 2006 through or about May 2009 the City purchased 282 sets of Turnout Gear coats and trousers and 13 additional trousers at a total cost of $374,491.60; and WHEREAS in the late spring and early summer of 2009 the City expressed concerns to Fire-Dex regarding certain design features and physical conditions in the Turnout Gear; and WHEREAS the parties were unable to reach an agreement at that time to resolve the City's concerns; and WHEREAS, the City has filed a lawsuit in the Circuit Court for the City of Virginia Beach, Virginia at Case No. CL12002316-00 ("Amended Complaint"), in which the City asserts claims against the Defendants for damages allegedly resulting from the City's revocation of acceptance of the Turnout Gear or, in the alternative, the Defendants' breach of contract; and WHEREAS, the Defendants deny the allegations against them as asserted in the Amended Complaint and filed responsive pleadings so stating; and WHEREAS, the allegations contained in the Amended Complaint and the Defendants' denial of those allegations shall be referred to herein as the "Dispute"; and WHEREAS, the Parties desire and intend hereby to resolve and settle all claims by and between them: NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions contained herein, the Parties agree as follows: 1. The recitals set forth in this Settlement Agreement are accurate to the best of each Party's respective knowledge and belief. 2. It is understood and agreed that the Parties have entered into this Settlement Agreement in order to resolve the Dispute, that this Settlement Agreement does not constitute an admission by the Defendants of any of the allegations against them, and that the Defendants are entering into this Settlement Agreement to avoid the costs of litigation and to buy their peace. 3. The Parties agree that the Dispute and all matters set forth in the Amended Complaint are hereby settled in consideration of $300,000.00 and of the other mutual promises, covenants, and conditions herein. 4. The Defendants are jointly and severally obligated to pay to the City the total amount of $300,000.00 in installments ("Scheduled Payments") as follows: $75,000.00 due on September 15, 2013 ("First Scheduled Payment") $75,000.00 due on September 15, 2014 $75,000.00 due on September 15, 2015 $75,000.00 due on September 15, 2016 5. If any Scheduled Payment is not made by thirty days after the due date for that Scheduled Payment, then both Defendants shall be deemed to be in default of this Settlement Agreement effective on the thirty-first day after that Scheduled Payment was due, and all remaining Scheduled Payment shall become immediately due. 6. IN THE EVENT OF DEFAULT BY THE DEFENDANTS, THIS SETTLEMENT AGREEMENT SHALL SERVE AS THE DEFENDANTS' CONFESSION THAT THE CITY IS ENTITLED TO JUDGMENT AGAINST THEM, JOINTLY AND SEVERALLY, FOR THE AMOUNT OF $300,000.00, LESS ANY PAYMENTS THAT HAVE BEEN MADE, PLUS INTEREST AT THE LEGAL RATE FROM THE DATE OF DEFAULT. IN SUCH EVENT, THE DEFENDANTS HEREBY WAIVE ALL DEFENSES AND CONSENT TO THE ENTRY OF JUDGMENT AGAINST THEM, JOINTLY AND SEVERALLY, FOR THE AMOUNT OF $300,000.00, LESS ANY PAYMENTS THAT HAVE BEEN MADE, PLUS INTEREST AT THE LEGAL RATE FROM THE DATE OF DEFAULT. 7. The official position of the City of Virginia Beach, including the Virginia Beach Fire Department, regarding the Amended Complaint and the matters at issue therein is that the Parties had a dispute with regard to the Turnout Gear, the City filed suit to prosecute its grievances, and the matter has been settled to the satisfaction of all Parties. 8. Notwithstanding any other provision of this Settlement Agreement, this Settlement Agreement is conditioned upon approval of the settlement reflected herein by the City Council of Virginia Beach ("City Council"). If the City Council rejects this settlement, this Settlement Agreement shall be null and void. 9. Within thirty days after timely receipt of the First Scheduled Payment, the City shall make all of the Turnout Gear available to Fire-Dex to repackage and pick up at Fire-Dex's expense. (The Parties understand and agree that the crates that the City has used to store the Turnout Gear are and shall remain the property of the City.) Notwithstanding the foregoing, if the First Scheduled Payment is not received by the City within thirty days of the due date for that payment, then the Defendants shall be in default, and the City shall not be obligated to return any of the Turnout Gear to Fire-Dex until the City has received all amounts owed pursuant to default as set forth herein. 2 10. The Parties agree that this Settlement Agreement constitutes a full and final settlement of all matters alleged by the City in the Amended Complaint. 11. In consideration for the terms of the settlement as set forth herein, the City agrees to immediately cease its prosecution of the Amended Complaint and, promptly upon approval of the terms of this Settlement Agreement by the City Council, cause the Amended Complaint to be dismissed with prejudice. However, if the City Council rejects the terms of this Settlement Agreement, the City shall not be obligated to have the Amended Complaint dismissed, and both Parties will return to their respective pre -mediation positions and may prosecute and defend the Amended Complaint and claims therein as if this Settlement Agreement never happened. 12. Except for the obligations and rights expressly set forth in this Settlement Agreement, the City and any person or entity acting for or on its behalf, including without limitation its heirs, executors, administrators, successors, and assigns, hereby release and forever discharge the Defendants and their respective predecessors, successors, parents, subsidiaries, affiliates, related companies, assigns, and any person or entity acting for or on their behalf, including without limitation their past, present, and future principals, representatives, directors, officers, agents, insurers, shareholders, members, managers, employees, attorneys, and their respective heirs, executors, administrators, successors, and assigns, from any and all rights, interests, claims, demands, causes of action, indebtedness, damages, liabilities, and obligations of every kind and nature, in law or in equity, known and unknown, suspected and unsuspected, fixed or contingent, arising out of or relating to the Dispute and the facts and circumstances alleged in the Amended Complaint, whether sounding in contract, tort or any other basis. 13. Except for the obligations and rights expressly set forth in this Settlement Agreement, the Defendants and any person or entity acting for or on their behalf, including without limitation their respective predecessors, successors, parents, subsidiaries, affiliates, related companies, assigns, and any person or entity acting for or on their behalf, including without limitation their past, present, and future principals, representatives, directors, officers, agents, insurers, shareholders, members, managers, employees, attorneys, and their respective heirs, executors, administrators, successors, and assigns, hereby release and forever discharge the City and any person or entity acting for or on her behalf, including without limitation her heirs, executors, administrators, successors, and assigns, from any and all rights, interests, claims, demands, causes of action, indebtedness, damages, liabilities, and obligations of every kind and nature, in law or in equity, known and unknown, suspected and unsuspected, fixed or contingent, arising out of or relating to the Dispute and the facts and circumstances alleged in the Complaint, whether sounding in contract, tort or any other basis. 14. This Settlement Agreement and the documents referenced herein set forth the entire agreement and understanding between the Parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements, and understandings which led to the subject matter hereof. Any change of this Settlement Agreement shall be made only in a writing executed by the Parties hereto. 15. Failure of any Party at any time or times to require performance of any provision hereof shall in no way affect the right of such Party at a later time to enforce the provision. No 3 0810112013 16:58 2529779241 CWWILLIAMS PAGE 05106 waiver by any Party of any condition or the breach of any term, covenant, representation, or warranty contained in this Settlement Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed a further or continuing waiver of any condition, term, covenant, representation, or warranty of this Settlement Agreement. 16. Notwithstanding any other provision of this Settlement Agreement, any Party may seek judicial enforcement of this Settlement Agreement or any provision herein. The exclusive forum for any such action to enforce this Settlement Agreement shall be the Circuit Court for the City of Virginia Beach, Virginia. ia. 17. If a court of competent jurisdiction declares or rules that any provision or portion of this Settlement Agreement is invalid or rmenforceable, the remaining provisions and portions hereof shall not be affected, but on the contrary, shall continue to be binding and of full force and effect, provided such invalidity or unenforceability does not impair the benefit of the bargain of any Party. 18. Each, person executing this Settlement Agreement represents to each Party that he or she is authorized to execute this Settlement Agreement and to bind the Party on behalf of which such person executes this Settlement Agreement. 19. This Settlement Agreement shall not be construed against one Party or the other by virtue of it having been drafted, in whole or in part, by one Party or the other, but rather, shall be interpreted in accordance with its fair meaning when viewed in its entirety. All Parties agree that they were represented respectively by competent counsel and had a full and fair opportunity to consult with counsel regarding the contents of this Settlement Agreement prior to executing the Settlement Agreement. 20. This Settlement Agreement shall be Commonwealth of Virginia. 21. This Settlement Agreement may counterpart shall. be deemed to be an original. A given the same legal effect as an original signature. construed and governed by the laws of the be executed in counterparts, and each signature by facsimile shall be treated and WITNESS, the following signatures under seal. CITY OF VIRGINIA BEACH By (SEAL) A C.W. WILLIAMS & COMPANY LLC (SEAL) FIRE-DEX, LLC 5 -47 - Item -VI -J.2 ORDINANCES/RESOLUTIONS ITEM #63066 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance re an Employment Contract for the City Manager Voting: 8-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER 1 WHEREAS, the most recent contract between the City and the City Manager 2 regarding his employment expired on November 30, 2013; and 3 4 WHEREAS, the parties desire to renew that contract, with certain amendments, 5 to November 30, 2015. 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH VIRGINIA: 9 10 That the employment contract between the City of Virginia Beach and the City 11 Manager, for the term of December 1, 2013 to November 30, 2015, attached hereto, is 12 approved, and the Mayor is authorized to execute the contract on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of August , 2013. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12720 August 15, 2013 R-1 EMPLOYMENT AGREEMENT This Agreement is entered into this day of , 2011 2013 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee." WITNESSETH WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach employed James K. Spore as its City Manager for a term commencing November 25, 1991, and ending November 30, 1996; WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing November 25, 1996 and ending November 30, 2001; WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2001 and ending November 30, 2006; WHEREAS, by further agreement dated June 27, 2007, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing on December 1, 2006 and ending November 30, 2009; WHEREAS, by further agreement dated December 8, 2009, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2009 and ending November 30, 2011; WHEREAS, by further agreement dated November 16, 2001, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing December 1, 2011 and ending November 30, 2013; WHEREAS, the City wishes to continue the employment of James K. Spore as its City Manager; WHEREAS, James K. Spore agrees to accept such continued employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I — Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II — Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence December 1, 20112013, and end November 30, 2-0-1-3-2015. (b) Except as provided by Article III, below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III, below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III, below. Article III — Termination and Resignation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months of his base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety (90) day notice requirement. (c) In the event the City, at any time during the employment of Employee, reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee, or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay in accordance with Article III (a) of this Agreement. Article IV — Compensation This Agreement reflects the salary and benefits for Employee that were established by City Council in Ordinance # 3183Q3296I, adopted on June 14, 201125, 2013. This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually, by ordinance. City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of Two Hundred Twenty FiveThirty Thousand Two Five Hundred Seven Eight Dollars and Eighty Four Cents ($225,207.84230,508.00), payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the City agrees to contribute Twenty Thousand Five Hundred Dollars ($20,500) per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation. This amount may be adjusted by City Council annually, by ordinance. Article V — Automobile Allowance In lieu of supplying a City -owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of One Thousand Dollars (1000.00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually, by ordinance. Article VI — Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as provided all other City employees. (b) Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City policies and ordinance as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. (c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684) annually on behalf of the City Manager in premiums for long term care insurance. This amount may be adjusted by City Council annually, by ordinance. Article VII — Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. I 11 Article VIII — Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX — General Business Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article X — Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH BY BY Mayor James K. Spore -48- Item-VI-J.3a.b.c.d.e ORDINANCES/RESOLUTIONS ITEM #63067 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Leases for the use of City Park properties Little League operations a. b. c. d. e. Voting: 9-0 2513 Shorehaven Drive 952 Reon Drive 586 North Lynnhaven Road 632 Firefall Drive 3332 Northgate Drive Council Members Voting Aye: Great Neck Baseball League, Inc. Kempsville Borough Boys Baseball, Inc. Boys Baseball of Lynnhaven, Inc. Virginia Beach Little League, Inc. Plaza Little League, Inc. 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE FIVE (5) LEASES FOR 3 THE USE OF CITY PARK PROPERTIES FOR 4 LITTLE LEAGUE OPERATIONS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns the following park 7 properties (the "Park Properties"), which have been leased to the following Little League 8 organizations for numerous years: 9 10 1) 11.77+/- acres at 2513 Shorehaven Dr. (Part of GPIN 1499-60-8184) 11 to Great Neck Baseball League, Inc. 12 13 2) 6.25+/- acres at 952 Reon Dr. (Part of GPIN 1456-63-8279) to Kempsville 14 Borough Boys Baseball, Inc. 15 16 3) 15.8+/- acres at 586 N. Lynnhaven Rd. (Part of GPIN 1487-99-8119) to 17 Boys Baseball of Lynnhaven, Inc. 18 19 4) 15.1+/- acres at 632 Firefall Dr. (Part of GPIN 2425-31-1625) to 20 Virginia Beach Little League, Inc. 21 22 5) 20.29+/- acres at 3332 Northgate Dr. (Part of GPINs 1486-74-3899 23 and 1486-75-8250; GPIN 1486-74-7471) to Plaza Little League, Inc. 24 25 WHEREAS, the previous leases have now expired, or will expire soon, and the 26 above listed Little League organizations desire to continue leasing the Park Properties 27 for their youth league operations and tournaments; 28 29 WHEREAS, the leases would each be for a term of not more than five (5) years, 30 with conditions as set forth in the Summary of Terms attached hereto as Exhibit A and 31 made a part hereof; and 32 33 WHEREAS, City staff recommends approval of the leases and continues to 34 support the community's youth Little League operations. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized to execute a lease for a term of not 40 more than five (5) years, for each of the five (5) Little League groups identified in the 41 recitals above, in accordance with the Summary of Terms, attached hereto as Exhibit A, 42 and made a part hereof, and such other terms, conditions or modifications as may be 43 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27thday of 46 August , 2013. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: lei.5--*Iv-e- Dept. of P Iic Works / acilities Management CA12581 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D024\P016\00080115.DOC R-1 August 15, 2013 APPROVED AS • CONTENT: Parks & Recreation EXHIBIT A SUMMARY OF TERMS LEASES OF CITY PARK PROPERTIES FOR LITTLE LEAGUE OPERATIONS LESSOR: City of Virginia Beach ("City") LESSEES AND PREMISES: 1) Great Neck Baseball League, Inc. / 11.77+/- acres at 2513 Shorehaven Drive (Part of GPIN 1499-60-8184) 2) Kempsville Borough Boys Baseball, Inc. / 6.25+/- acres at 952 Reon Drive (Part of GPIN 1456-63-8279) 3) Boys Baseball of Lynnhaven, Inc. / 15.8+/- acres at 586 N. Lynnhaven Road (Part of GPIN 1487-99-8119) 4) Virginia Beach Little League, Inc. / 15.1 +/- acres at 632 Firefall Drive (Part of GPIN 2425-31-1625) 5) Plaza Little League, Inc. / 20.29+/- acres at 3332 Northgate Drive (Part of GPINs 1486-74-3899 and 1486-75-8250; GPIN 1486-74-7471) TERM: September 1, 2013 through August 31, 2018 RENT: N/A USE: Premises will be utilized for the purpose of operating youth Little League activities and for no other purpose. RIGHTS AND RESPONSIBILITIES OF THE LESSEES: • Pay for all utilities, trash removal, grounds maintenance, repairs and other related services necessary for the operation of leased Premises. • Indemnify and hold harmless the City for any and all damages to persons or property caused by any act or omission of the Lessees or their agents, associated with the use of the Premises, and will maintain general liability insurance coverage as required. • Obtain all necessary permits, and pay all applicable taxes and fees in connection with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease immediately upon default by Lessee, or with one hundred twenty (120) days' prior written notice if the Premises is needed for a public purpose. Great Neck Baseball League, Inc. Lease Property Exhibit (11.77 Acres) Portion of Great Neck Park 2513 Shorehaven Dr., Virginia Beach, VA GPIN: 1499-60-8184 Legend ■ : Lease Property ti■■■■■r Property Lines Kempsville Borough Boys Baseball, Inc. Lease Property Exhibit (6.25 Acres) Portion of Providence Park Lease Property 952 Reon Drive, Virginia Beach, VA Property Lines GPIN: 1456-63-8279 Legend r. • 41 n 0 Boys Baseball of Lynnhaven, Inc. Lease Property Exhibit (15.8 Acres) 586 N. Lynnhaven Rd., Virginia Beach, VA GPIN: 1487-99-8119 t4 `rte" ‘l1 411* 0 75 150 Legend : : Lease Property dmsor Property Lines Virginia Beach Little League, Inc. Lease Property Exhibit (15.10 Acres) Portion of Ocean Lakes Park 632 Firefall Drive, Virginia Beach, VA GPIN: 2425-31-1625 Legend • Lease Property Property Lines • • Plaza Little League, Inc Lease Property Exhibit (20.29 Acres) Portion of Plaza Northgate Park 3332 Northgate Drive, Virginia Beach, VA GPIN: 1486-75-8250 Legend - -Lease Property fi111r Property Lines -49 - Item -VI -J.4 ORDINANCES/RESOLUTIONS ITEM #63068 The following individual registered to speak: Robert Dean, 2104 Shawn Drive, Chairman of the Tidewater Libertarian Party, Phone: 427-6606, spoke in OPPOSITION. Mr. Dean advised there is no restraint of trade involved in denying the request to continue this illegal operation, but it is patently wrong to allow it to continue. This would not "right a wrong" but rather give permission to break the law. Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, the Ordinance to AUTHORIZE the City Manager to EXECUTE a temporary Agreement for the use of parking spaces at Town Center re valet services Voting: 8-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A TEMPORARY 3 AGREEMENT FOR THE USE OF PARKING 4 SPACES AT TOWN CENTER FOR VALET 5 SERVICES 6 7 WHEREAS, the Town Center Project (the "Project") is an ongoing priority 8 of the City of Virginia Beach (the "City"); 9 10 WHEREAS, Divaris Property Management Corp. ("Divaris"), as property 11 manager for the private elements of the Project, has contracted with for the provision of 12 valet services at the Project (the "Valet Services"); 13 14 WHEREAS, City staff is in the process of issuing a request for proposals 15 to find a long-term provider of Valet Services and to formalize the approval of the use of 16 public property for the provision of Valet Services at the Project (the "RFP"); and 17 18 WHEREAS, to avoid disruption to the Project and to ensure the public is 19 able to continue utilizing the Valet Services while the RFP is conducted, City staff has 20 recommended a short-term agreement with Divaris for the continuation of the existing 21 Valet Services. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager, or his designee, is hereby authorized to execute a 27 temporary valet parking agreement with Divaris Property Management Corp., in 28 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 29 hereof, and such other terms, conditions, and modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 33 27th day of August , 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on this APPROVED AS TO CONTENT: APPROVED AS T‘ LE % SUFFICIENCY: ," o. Economic evelo• ent City Corney CA12742 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D010\P01 S\00074036.DOC R-1 August 22, 2013 EXHIBIT A SUMMARY OF TERMS CITY: City of Virginia Beach (the "City") CONTRACTOR: Divaris Property Management, Corp. ("Divaris") SUBCONTRACTOR: Guardian Parking Management Systems ("Guardian") VALET AREA: 1) Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up / drop-off area on Market Street in front of McCormick & Schmick's Seafood 3) Associated space on the sidewalk adjacent to the parking areas listed above for signage and valet equipment TERM: August 27, 2013 through December 1, 2013 (between 5:00 p.m. and 12:00 a.m. daily) CONSIDERATION: Divaris will continue to pay Guardian $1,500 per month to operate the valet service. The valet service will continue as a public amenity at Town Center. RIGHTS AND RESPONSIBILITIES OF CONTRACTOR/SUBCONTRACTOR: • Use the Valet Area for the provision of valet services, and for no other purpose. • Keep sidewalks and streets adjacent to the Valet Area clean and free from trash and debris. • Indemnify the City for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. RIGHTS AND RESPONSIBILITIES OF CITY: • Have access to the Valet Area 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 Valet Area 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. CENTRAL PARK AVE 100 - 179 a z 0 Q DI YI MARKET ST 200 - 249 BANK ST 4569 - 4599 ■ MARKET ST 120 - 199 r 0 W ctW 0 ■ -50 - Item -VI -J.5 ORDINANCES/RESOLUTIONS ITEM #63069 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to REVISE the membership of the Community Organization Grant (COG) Review and Allocation Committee Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 AN ORDINANCE TO REVISE THE MEMBERSHIP OF THE 2 COMMUNITY ORGANIZATION GRANT REVIEW AND 3 ALLOCATION COMMITTEE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the representation on the Virginia Beach Community Organization Grant 9 Review and Allocation Committee shall be comprised of ten (10) members as follows: 10 11 1. One (1) Citizen -At -Large to be selected by the Mayor and confirmed by 12 Council. This member shall serve as the chairperson for the Committee; 13 2. Four (4) Citizens -At -Large to be selected by Council; 14 3. One (1) member of Council selected by the Mayor; 15 4. The Director of Public Health or qualified designee; 16 5. A representative from the Hampton Roads Community Foundation; 17 6. A representative from the United Way who has expertise in not-for-profit 18 agencies and/or grant fund allocation; 19 7. A representative of the Library Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of August , 2013. APPROVED AS TO CONTENT CA12721 R-2 August 15, 2013 APPROVED AS TO LEGAL SUFFICIENCY: -51 - Item -VI -J.6 ORDINANCES/RESOLUTIONS ITEM #63070 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Commonwealth Transportation Board provide Economic Development Access Program funding for a new access road and turn lanes from General Booth Boulevard serving Corporate Landing Business Park and AUTHORIZE the City Manager to enter into any necessary agreements Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 A RESOLUTION REQUESTING THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 PROVIDE ECONOMIC DEVELOPMENT 4 ACCESS PROGRAM FUNDING FOR A NEW 5 ACCESS ROAD AND TURN LANES FROM 6 GENERAL BOOTH BOULEVARD SERVING 7 CORPORATE LANDING BUSINESS PARK AND 8 TO AUTHORIZE THE CITY MANAGER TO 9 ENTER INTO ANY NECESSARY AGREEMENTS 10 RELATED THERETO 11 12 WHEREAS, the City of Virginia Beach (the "City") desires to continue to develop 13 property for the purpose of economic development within Corporate Landing Business 14 Park located at the northwest corner of General Booth Boulevard and Corporate 15 Landing Parkway in the City; and 16 17 WHEREAS, The Miller Group Companies, Inc., has entered into an agreement 18 with Green Flash Brewing Company to develop the property and construct facilities for 19 the purpose of manufacturing and distributing beer and to conduct brewery tours and 20 tastings on-site; and 21 22 WHEREAS, this new facility is expected to involve new private capital investment 23 in land, building, and equipment of approximately $20 million and Green Flash Brewing 24 Company, is expected to employ forty (40) persons at this facility; and 25 26 WHEREAS, operations are expected to begin at this new facility on or about 27 February 2015; and 28 29 WHEREAS, the subject property does not have adequate access and an 30 additional access road and associated turn lanes from General Booth Boulevard will 31 need to be constructed; and 32 33 WHEREAS, any request for funds from the Economic Development Assess 34 funds will not include environmental analysis, mitigation, fee simple right of way and 35 utility relocations or adjustments; and 36 37 WHEREAS, the City of Virginia Beach acknowledges that no land disturbance 38 activities may occur within the limits of the proposed access project prior to appropriate 39 notification from the Department of Transportation; and 40 41 WHEREAS, the City of Virginia Beach hereby guarantees that all ineligible 42 project costs and all costs not justified by eligible capital outlay will be provided from 43 sources other than those administered by the Virginia Department of Transportation. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 1. That the City of Virginia Beach hereby requests that the Commonwealth 49 Transportation Board provide Economic Development Access Program funding to 50 provide adequate access to this property; and 51 52 2. That the City of Virginia Beach City Council hereby agrees that any new 53 roadway will be added to and become a part of the City of Virginia Beach's road system; 54 and 55 56 3. That the City Manager is hereby authorized to execute on behalf of the 57 City of Virginia Beach any necessary project agreements related to paragraphs 1 and 2, 58 supra. Adopted by the Council of the City of Virginia Beach, Virginia, on the of August , 2013. 27th day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7fr/e7 ge-‘/k-s- Economic Development —City A CA1271 Q R-1 August 14, 2013 4 'ice Legend SExisting Signalized Intersection rl Kimley-Horn and Associates, Inc. Green Flash Brewing Company Traffic Assessment Virginia Beach, Virginia Study Area FIGURE 1 THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTION BY KTMI,EY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. ww < Ct Z 'n i \ 7 .3SV3 2f3MOd .VA ,OZl -52 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #63071 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE an $80,000 interest-free loan to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. re a replacement ambulance Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE DAVIS CORNER 3 VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD, 4 INC. FOR THE PURCHASE OF A REPLACEMENT 5 AMBULANCE 6 7 WHEREAS, the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. 8 ("Rescue Squad") has requested an interest free loan of $80,000 to purchase a 9 replacement ambulance with estimated cost of $160,000. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $80,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Rescue Squad for a portion of the purchase price of a 16 replacement ambulance; and 17 18 2. That this loan is to be repaid by the Rescue Squad over five (5) years, 19 pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 7 t h day of August 2013 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12710 R-1 August 7, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorr - gie iffice Agreement between the City of Virginia Beach and the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Davis Corner Volunteer Fire Department and Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless 1 prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. DAVIS CORNER VOLUNTEER CITY OF VIRGINIA BEACH FIRE DEPARTMENT AND RESCUE SQUAD, INC. City Manager/Authorized Designee ATTEST: City Clerk By: Title: Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $80,000 Virginia Beach, Virginia August 27, 2013 FOR VALUE RECEIVED, Davis Corner Volunteer Fire Department and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY THOUSAND DOLLARS ($80,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2014 - $16,000 On or before August 30, 2015 - $16,000 On or before August 30, 2016 - $16,000 On or before August 30, 2017 - $16,000 On or before August 30, 2018 - $16,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Davis Corner Volunteer Fire Department and Rescue Squad, Inc. (SEAL) Title: Date: Davis Corner Volunteer Fire Department and Rescue Squad, Inc. 4672 HAYGOOD ROAD VIRGINIA BEACH, VIRGINIA 23455 BUSINESS PHONE (757) 460-7574 FAX PHONE: (757) 460-7636 EMERGENCY PHONE: 911 July 30, 2013 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Davis Corner Volunteer Rescue Squad to request a no -interest loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 220 which has been experiencing an alarming rate of mechanical issues and breakdowns (mostly electrical). We hope to have the new unit in service by the 15' or 2"d quarter of FY14 and understand that it will have to meet certain minimums mandated by Virginia Beach EMS in addition to the Virginia Office of EMS. We request a loan for Eighty Thousand dollars, which we would like to repay in five annual installments of $16,000.00. The station has enough in savings to make up the remaining $5280.00. The requested amount is based on the following: Estimated price of new ambulance $160,000.00 State RSAF Grant Funds Station Savings Balance $74,720.00 $5,280.00 $80,000.00 On July 1, 2013 our agency was awarded a VA OEMS RSAF grant of $74,720.00 to apply to the purchase of the new ambulance and we have included a copy of the award notification with this request. If you need any further information please let me know. Thank you for your consideration of our request. aviuca, President Davis Corner Volunteer Rescue Squad Item -VI-K PLANNING -53- ITEM #63072 1. SISTERS II, LLC VARIANCE 2. NANCY F. BRAITHWAITE NONCONFORMING USE 3. AVALON CHURCH OF CHRIST MODIFY CONDITIONAL USE PERMIT 4. POCAHONTAS LANDING, LLC 5. FIVE MILE STRETCH ASSOCIATES, LLC 6. NICHOLSONPROEPRTIES, LLC/ CITY OF VIRGINIA BEACH 7. CITY OF VIRGINIA BEACH 8. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING CHANGES OF ZONING AMEND CITY ZONING ORDINANCE August 27, 2013 -54 - Item -VI-K PLANNING ITEM #63073 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 7a/b/c/d/e/f and 8 of the PLANNING AGENDA. Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -55 - Item -VI-K.1 PLANNING ITEM #63074 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SISTERS II, LLC for a Variance to the Subdivision Regulations, Section 4.4 (b), which requires all lots meet the requirements of the City Zoning Ordinance (CZO) to reconfigure two (2) lots at 2381 Princess Anne Road (GPIN 2404026646; 2404033025) The following condition shall be required: The subject site shall be resubdivided substantially in accordance with the submitted Resubdivision Plat entitled "Resubdivision of Property of Sisters II, LLC. ", dated April 21, 2013, and prepared by Kellam/Gerwitz. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 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 -Seventh day of August, Two Thousand Thirteen Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -56 - Item —VI -K2 PLANNING ITEM #63075 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non -Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NANCY F. BRAITHWAITE for the relocation and enlargement of a Non -Conforming Use (replacement of existing house with a new one) at 520 Oceana Boulevard (GPIN 2416294331) DISTRICT 6 - BEACH The following conditions shall be required: 1. The new location of the single-family dwelling shall substantially adhere to that shown on the Site Plan entitled, "Conceptual Site Plan, Part of Property of Nancy F. Braithwaite," prepared by Gallup Surveyors & Engineers, LTD and dated May 16, 2013. Said Plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed exterior of the single-family dwelling shall substantially adhere to the submitted elevation drawings (Sheets A-4 and A-5) entitled, "Presentation Plans Prepared for N. F. Braithwaite ", prepared by MJA Designs, Ltd., dated 4/28/13. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The existing single-family dwelling shall be demolished and/or removed from the property as indicated on the Site Plan referenced by Condition No.1. 4. All required permits for the proposed restoration and expansion shall be obtained from the Planning Department/ Permit and Inspections Division. 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 -Seventh day of August, Two Thousand Thirteen August 27, 2013 -57 - Item —VI -K.2 PLANNING ITEM #63075 (Continued) Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 A RESOLUTION AUTHORIZING THE 2 RELOCATION AND ENLARGEMENT OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 520 OCEANA BOULEVARD 5 6 WHEREAS, Nancy Brathwaite (hereinafter the "Applicant") has made application 7 to the City Council for authorization of the relocation and enlargement of a 8 nonconforming use located at 520 Oceana Boulevard in the 1-1 Light Industrial District 9 by demolishing, relocating and enlarging the single-family dwelling on the parcel; and 10 11 WHEREAS, there is located on the parcel a single-family dwelling, which is not 12 allowed in the 1-1 Light Industrial District, however, the single-family dwelling was built 13 prior to the adoption of the applicable zoning regulations and is therefore 14 nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 17 and enlargement of a nonconforming use is unlawful in the absence of a resolution of 18 the City Council authorizing such action upon a finding that the proposed use, as 19 relocated and enlarged, will be equally appropriate or more appropriate to the zoning 20 district than is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as relocated and 26 enlarged, will be equally appropriate to the district as is the existing nonconforming use 27 under the conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the relocation and enlargement of the nonconforming use is hereby 33 authorized, upon the following conditions: 34 35 1. The new location of the single-family dwelling shall substantially adhere to that 36 shown on the site plan entitled, "Conceptual Site Plan, Part of Property of Nancy 37 F. Braithwaite," prepared by Gallup Surveyors & Engineers, LTD. and dated May 38 16, 2013. Said plan has been exhibited to the City of Virginia Beach City Council 39 and is on file in the Planning Department. 40 41 2. The proposed exterior of the single-family dwelling shall substantially adhere to 42 the submitted elevation drawings (Sheets A-4 and A-5) entitled, "Presentation 43 Plans Prepared For: N. F. Braithwaite", prepared by MJA Designs, Ltd., dated 44 4/28/13. Said elevations have been exhibited to the City of Virginia Beach City 45 Council and are on file in the Planning Department. 46 47 3. The existing single-family dwelling shall be demolished and/or removed from the 48 property as indicated on the site plan referenced by Condition 1. 49 50 4. All required permits for the proposed restoration and expansion shall be obtained 51 from the Planning Department/ Permit and Inspections Division Adopted by the Council of the City of Virginia Beach, Virginia, on the of August , 2013. 27th day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC ENCY: CA12723 R-1 August 16, 2013 City Attorney's Office 2 -58 - Item -VI-K.3 PLANNING ITEM #63076 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road DISTRICT 2 - KEMPSVILLE DISTRICT BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of AVALON CHURCH OF CHRIST for Modifications of a Conditional Use Permit to construct a Children's Ministry building and parking spaces at 844 Woodstock Road (GPIN 1456740275) DISTRICT 2 - KEMPSVILLE DISTRICT The following conditions shall be required: 1. All of the conditions of the August 22, 1995, and April 10, 2007, are deleted and superseded by the conditions below. 2. The development of the site shall be as depicted on the submitted Site Plan entitled "Preliminary Site Plan of Avalon Church of Christ — Conditional Use Permit Exhibit," dated 4/01/13. 3. The applicant shall provide, at Site Plan Review, a Landscaping Plan that meets or exceeds the requirements of the City Code and Landscaping Guide, including the following: a. The applicant shall provide a twenty (20) foot wide Category 1 Buffer within the 150 foot width of disturbance within the existing treed area between the proposed Children's Ministry building addition and the eastern lot line as depicted on the Site Plan referenced in Condition No. 2. b. The applicant shall provide a ten (10) foot wide Category 1 Buffer along the eastern lot line from the southern end of the Buffer required by Condition 3 and the southern lot line. 4. The exterior of the proposed Children's Ministry building shall substantially conform to the submitted untitled renderings as included in this report and as on file with the City of Virginia Beach Planning Department. 5. The applicant shall provide, at Site Plan Review, a Photometric Plan showing no spillover onto adjacent residential areas. 6. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department / Permit and Inspections Division and the Fire Department. 7. The modular building shall be removed within thirty (30) days of City Council's approval of this Use Permit. August 27, 2013 -59 - Item -VI-K.3 PLANNING ITEM #63076(Continued) 8. Evergreen shrubs and a three (3) foot high wrought -iron style fence shall be installed along the southern edge of the stormwater management facility fronting on Driskill Court. 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 -Seventh day of August, Two Thousand Thirteen Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -60 - Item -VI-K.4 PLANNING ITEM #63077 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non-commercial marina to construct a pier at the 300 Block of Public Landing Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of POCAHONTAS LANDING, LLC for a Conditional Use Permit re a non-commercial marina to construct a pier at the 300 Block of Public Landing Road (GPIN 2317859975) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: The proposed pier shall be developed substantially in accordance with the submitted "Joint Permit Application, Proposed Pier Detail, as shown on sheet five (5) of the Joint Permit Application"; dated March 18, 2013, and prepared by Barney Environmental, Inc. Said Plan 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 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Seventh day of August, Two Thousand Thirteen Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -61 - Item -VI -K.5 PLANNING ITEM #63078 The following individuals registered to speak: Edward Bourdon, Attorney for the Applicant, advised this Application is composed of 8 Parcels with 2 Units per acre, including open space of 44.7%. The Application was filed 8 months ago and his clients have worked diligently with Staff Neighbors and the Navy to bring forward a "high quality" Plan. The Planning Commission recommended approval. Ken Jacobson, 4176 S. Plaza Trail, Phone: 491-4141, Attorney for Christopher Farms, advised his clients have a number of concerns, namely the Plan calls for this property to be rezoned to R5D. The lots would be smaller than the existing neighboring lots. The Plan does have a great deal of open space and does not meet the City's requirement. Lisa Hartman, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION. Ms. Hartman advised if these 37 acres are developed, it will greatly diminish the value of neighboring homes. Lisa Lee, 2109 Taylor Farm Court, Phone: 477-1742, spoke in OPPOSITION. Ms. Lee would like a minimum of a Proffer Agreement to investigate the 30 unmarked graves and have the graves protected as well as preserved. Also, Ms. Lee requested the City investigate this property as she believes there are a great deal of artifacts on this property. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-I/AG-2 Agricultural to Conditional R -5D Residential (PD -H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -62 - Item -VI-K.6 PLANNING ITEM #63079 The following individuals registered to speak: Ann Crenshaw, Attorney for Applicant, advises this Application was thoroughly feted with Staff. This is a unique parcel of land as the only use permitted. The arrangement with the Navy is for Light Industrial. This area contains a mixture of commercial and residential use. The Applicant has worked diligently with Staff and is willing to work with neighbors. Joanne Garris, 423 Fountain Drive, Phone: 748-6168, spoke in OPPOSITION. Ms. Garris advised Fountain Drive is an 18' Dead End Street and the neighbors were not aware of this project until the rezoning notice was posted. This project will require removal of numerous very old trees. This is a close knit community and they care about our neighborhood. Jean Costner, 405 Fountain Drive, Phone: 613-3746 spoke in OPPOSITION. This property is currently green space and neighbors request it remain the same. Rick Garris, 423 Fountain Drive, Phone: 748-6168, spoke in OPPOSITION. Mr. Garris advised he is a lifelong resident of Virginia Beach and acknowledges that progress is important; however, he never thought this would happen in his neighborhood. This project is a detriment to the neighboring homes and will lower their value. Lin Old, 419 Fountain Drive, spoke in OPPOSITION. Mr. Old advised he lives by the "Washington Post Rule" and asked City Council Members to do the same. Mr. Old is fearful that the neighborhood children will no longer have a safe place to play and ride their bicycles. Andrea Old, 419 Fountain Drive, spoke in OPPOSITION. Mrs. Old advised there is upward of $40 - MILLION of real estate on this street and this project will significantly reduce property values. Eric Michael Murray, 409 Cedar Lane, Phone: 406-3951, spoke in OPPOSITION. Mr. Murray expressed concern for the safety of the neighbors and requested the City study this project further before proceeding. Rod Nicholson, Applicant, advised he would like to Withdrawal this Application as he does not want this project to negatively affect these residents and the neighborhood. August 27, 2013 -63 - Item -VI-K.6 PLANNING ITEM #63079(Continued) Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council ALLOWED WITHDRAWAL, Application of NICHOLSON PROPERTIES, LLC and the CITY OF VIRGINIA BEACH for a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial to construct an office -warehouse building at 405 Fountain Drive DISTRICT 6 — BEACH Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -64 - Item -VI-K.7a/b/c/d/e/f PLANNING ITEM #63080 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Applications of the CITY OF VIRGINIA BEACH re Changes of Zoning in the Kempsville Historic Area DISTRICT 2 — KEMPSVILLE a. B-2 Community Business, Conditional B-2 Community Business, 0-2 Office and R-7.5 Residential to B -4K Historic Kempsville Area Mixed Use b. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 403 South Witchduck Rd c. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at South Witchduck and Princess Anne Roads d. R -5D Residential Duplex, B-2 Community Business and 0-2 Office (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Woodway Lane, Herrick Court, Witchduck Road, Ruritan Court and Bonney Road e. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK), at Princess Anne Road and Kempshire Lane f. B-2 Community Business (HK) to B -4K Historic Kempsville Area Mixed Use (HK) at 420 Woodway Lane Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -65 - Item -VI-K8 PLANNING ITEM #63081 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Sections 203 of the City Zoning Ordinance (CZO) re parking in the B -4K Historic Kempsville Area Mixed Use District Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE, SECTION 203 PERTAINING TO 3 PARKING IN THE B-4K HISTORIC KEMPSVILLE 4 AREA MIXED USE DISTRICT 5 6 Sections Amended: City Zoning Ordinance § 203 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 203 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 18 ALL DISTRICTS 19 20 A. REGULATIONS RELATING TO LOTS,YARDS, HEIGHTS, OFF-STREET PARKING 21 AND OFF-STREET LOADING 22 23 24 25 Sec. 203. Off-street parking requirements. 26 27 28 29 (g) Parking requirements in the B-3A Pembroke Central Business Core, and 30 B-4C Central Business Mixed Use Districts and B-4K Historic Kempsville Area Mixed 31 Use Districts. Notwithstanding any contrary provision of this section, the B-3A 32 Pembroke Central Business Core District, parking requirements shall be determined in 33 accordance with a parking analysis prepared by a licensed professional engineer. Such 34 analysis shall contain, at a minimum, the current parking utilization, parking demands 35 based upon current land uses, a determination of a surplus or shortage of parking, and 36 the impact of the proposed development. The planning director shall determine the 37 adequacy of the analysis. Within the B-4C Central Business Mixed Use District and the 38 B-4K Historic Kempsville Area Mixed Use District, there shall be provided for 39 nonresidential uses, except hotels and uses accessory to hotels, no fewer than three (3) 40 spaces per one thousand (1,000) square feet of gross floor area, and for residential 41 uses no fewer than one and seven -tenths (1.7) spaces per dwelling unit. Parking 42 requirements for hotels and uses accessory to hotels shall be as specified in subsection 43 (a). 44 45 COMMENT 46 47 This amendment adds the B -4K Historic Kempsville Area Mixed Use District to the B -3A 48 and B -4C Zoning Districts in determining parking requirements with the use of a parking analysis. 49 It also requires at least 3 spaces for 1,000 square feet of gross floor area for nonresidential uses and 50 at least 1.7 spaces per dwelling unit for residential uses. 51 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day 54 of August , 2013. APPROVED AS TO CONTENT: Planning I'epartment CA12693 R-1 July 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 -66 - ITEM VI -L APPOINTMENTS ITEM #63082 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD PARKS and RECRATION August 27, 2013 -67 - ITEM VI -L APPOINTMENTS ITEM #63083 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN W. CROMWELL, JR. Four Year Term —10/01/13 - 09/30/17 ARNOLD DAWLEY Four Year Term —10/01/13 - 09/30/17 AGRICULTURAL ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -68 - ITEM VI -L APPOINTMENTS ITEM #63084 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOSEPH E. STRANGE Unexpired term thru 08/31/2015 DEVELOPMENT AUTHORITY Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -69 - ITEM VI -L APPOINTMENTS ITEM #63085 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: STEPHEN B. BALLARD MOLLY BROWN JEFFREY L. MARKS PATRICK SHULER Five Year Term —10/01/2013 — 09/30/2018 WETLANDS BOARD Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -70 - ITEM VI -L APPOINTMENTS ITEM #63086 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOLINDA SAUNDERS, Planning Staff JOHN VOSS, Licensed Real Estate Agent WILLIIAMA. WHITE, Citizen at Large living in Virginia Beach Four Year Term —10/01/2013 — 09/30/2017 WORKFORCE HOUSING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis and William R. "Bill" DeSteph August 27, 2013 -71 - Item -VI-0 ADJOURNMENT ITEM #63087 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:50 P.M. Amanda Finley-Barnes;CMC Chief Deputy City Clerk Ow( th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia August 27, 2013