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DECEMBER 10, 2013 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYATTORNEY 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 10 December 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 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patti Phillips, Director — Finance B. CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE Ashby Moss, Planning Evaluation Coordinator — Planning C. STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELINES Barry Frankenfield, SGA Director D. VIRGINIA TOURISM GAP FINANCING PROPOSAL - Cavalier Associates Barry Frankenfield, SGA Director II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE 3:30 PM Building 19 IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL CITY COUNCIL C. RECESS TO CLOSED SESSION 1:30 PM 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Evangelist Antonio Carnota 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 December 3, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 2013 " Holiday Lights" Student Design Competition Bobby Melatti — Beach Events Kathleen Viloria — Salem High School 2. American Public Works Association National Accreditation Award Philip A. Davenport, Director — Public Works 3. Resolution — 50th Anniversary of the City of Virginia Beach I. PUBLIC HEARING 1. Property Tax Exemption — The Victors J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation 2. Resolution to SUPPORT a "first day introduction" requirement for General Assembly Bills that create local fiscal impacts 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the pool and EXTEND the start date of construction to June 1, 2014 4. Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same to Smith/Packett Med-Com, LLC 5. Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for Columbus Station Associates, LLC 6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 - BEACH 8. Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net -New Tax Revenue 9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds: a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and conversion of the old Kellam High School to the Princess Anne Middle School. b. $175,544 for purchase of athletic equipment c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal emergencies K. PLANNING 1. Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Applications of CAVALIER ASSOCIATES: DISTRICT 6 - BEACH a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront: Resort District re a residential community b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form - Based Code. c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200 Pacific Avenue RECOMMENDATION: APPROVAL 5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS HISTORIC PRESERVATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 ******************************** 12/10/13 st 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-S:00 P.M Monday, January 6th' and Tuesday, January 7th, 2014 2013 CITY HOLIDAYS Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 10, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, December 10, 2013, at 1:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin December 10, 2013 -2 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361 1:30 P.M. Mayor Sessoms introduced Patti Phillips, Director - Finance. Ms. Phillips advised the Finance Department officially closed the City's financial accounting records for Fiscal Year ending June 30, 2013. This presentation will reflect the City Council's Goal of creating a financially sustainable City by providing excellent services to provide transparent and understandable financial information. Audited Financial Results for the Fiscal Year Ended June 30, 2013 Mrs. Phillips introduced Robert G. Bielat, Partner - Cherry Bekaert & Holland. g, Cherry Bekaert Comments • FY 2013 Audited Financial Statements • Implemented GASB Pronouncements • Entity Wide Statements - GASB 34 • General Fund School Operating Fund - Water & Sewer Fund - Waste Management Fund • TIP Fund • Debt - June 30, 2013 • Fiscal Year 2014 - Through November 30, 2013 2 December 10, 2013 -3 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Mr. Bielat provided the following overview: Overview i Overview of Auditors' Opinion e Required communication of significant audit matters ► Questions December 10, 2013 -4 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) The Auditor's opinion is outlined below: dile aiti _ G Auditors' Opinion on the Financial Statements ► Unmodified Opinion • Accounting principles generally accepted in the United States of America • Material transactions or balances • Compliance with laws and regulations material to the financial statements Cherry E,,,, a"l Iu 11, Required Communications ► Our responsibility under generally accepted auditing standards: • We assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional. • We documented and considered internal controls to assist us with our audit approach, not for the purpose of providing assurance on those controls. Cherry hek December 10, 2013 -5 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Required Communications ► Our Responsibility under Government Auditing Standards (The Yellow Book) ■ We reviewed and tested the City's compliance with laws and regulations, noncompliance with which could have a material impact on the financial statements. • We reviewed compliance with applicable laws and regulations identified in the Specifications for Audits of Counties, Cities and Towns issued by the Auditor of Public Accounts of the Commonwealth of Virginia. s Cherrys==t.:;n! Required Communications ► Our Responsibility under OMB A-133 • We performed procedures in order to express an opinion on the City of Virginia Beach's compliance with requirements applicable to major Federal programs. Our opinion is unmodified. • We performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not to express an opinion on controls. December 10, 2013 -6 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Required Communications Independence • In accordance with AICPA Rule 101, and the independence standards contained in Government Auditing Standards, we were, and continue to be, independent with respect to the City of Virginia Beach. ► Accounting Policies • The City adopted GASBS Nos. 61, 63 and 65. All other existing policies have been consistently applied. Required Communications ► Estimates • These statements include estimates, including: • Allowance for Uncollectible Accounts • Other Post Employment Benefits liability • Claims Liability ry December 10, 2013 -7 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Mr. Bielat was pleased to report.• Required Communications ® Significant Audit Findings • There were no disagreements or difficulties in dealing with management. • There were no misstatements individually or in the aggregate identified during our audit. • There were no consultations with other accountants. y Audit Presentation The City of Virginia Beach December 10, 2013 s"4 -C ferry -_>i t Mayor Sessoms thanked Mr. Bielat and the entire team for their work. December 10, 2013 -8 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Mrs. Philips advised today's presentation is to provide information regarding the items listed below: • Cherry Bekaert Comments • FY 2013 Audited Financial Statements • Implemented GASB Pronouncements • Entity Wide Statements - GASB 34 • General Fund • School Operating Fund • Water & Sewer Fund • Waste Management Fund • TIP Fund • Debt - June 30, 2013 • Fiscal Year 2014 - Through November 30, 2013 13 The entire accounting equation has been redefined regarding GASB: • No. 61, The Financial Reporting Entity Modifies requirements for component units - e.g. VBDA ✓ No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position Assets + Deferred Outflows - Liabilities - Deferred Inflows = Net Position No. 65, Items Previously Reported as Assets and Liabilities s Debt issuance costs are now expenses when incurred December 10, 2013 -9 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) The City's total "Net Position" is just over $3.6 -BILLION: Governmental Business Total Assets $ 3,858.4 $ 1,237.3 $ 5,095.7 Deferred Outflows of Resources 0.4 1.2 1.6 Liabilities (1,179.4) (291.9) (1,471.3) Deferred Inflows of Resources (7.0) (0.4) (7.4) Net Position: Net Investment in Capital Assets 2,428.2 790.1 3,218.3 Restricted 40.9 132.9 173.8 Unrestricted 203.3 23.2 226.5 Total Net Position $ 2,672.4 $ 946.2 $ 3,618.6 CAFR Exhibit 1 City Council adopted a policy of maintaining a General Fund Balance of 8-12% of this subsequent year's revenues; and, in line with that policy, the Unassigned General Fund Balance at June 30, 2013, is $102.4 -Million, or 10.4% of FY 2014 Revenue. % of BUDGET ACTUAL VARIANCE Budget LOCAL $ 816.0 $ 818.4 $ 2.4 0.3% STATE 145.8 143.4 (2.4) -1.6% FEDERAL 16.7 17.6 0.9 5.4% TOTAL REVENUES $ 978.5 $ 979.4 $ 0.9 0.1% CITY $ 674.9 $ 651.2 $ 23.7 3.5% SCHOOLS 357.7 338.9 18.8 2.5% TOTAL EXPENDITURES $ 1,032.6 $ 990.1 * $ 42.5 4.1% REVENUES OVER (UNDER) $ (54.1) $ (10.7) $ 43.4 FUND BALANCE - JULY 1 191.2 LESS: RESERVATIONS (78.1) UNASSIGNED FUND BALANCE - JUNE 30 $ 102.4 Fund Balance as a percent of FY 2014 Revenues is i0.4% * Reflects encumbrances of $8.2 million CAFR Exhibit 5 December 10, 2013 -10 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) City Council adopted a policy of maintaining a General Fund Balance of 8-12% of the subsequent year's revenues. Unassigned General Fund Balance at June 30, 2013, is $102.4 million, or 10.4% of FY 2014 revenues. - ($2.O1 0500 0400 $300 w ¢ 5200 0100 461.7 4652 474.8 455.9 458.4 463.5 429.4 426.7 436.1 437.4 421.8 4232 9.0 441.0 FY 2007 FY 2008 FY2009 FY2010 1 D Budget FY 2011 D Actual FY 2012 FY 2013 7 Although the Local Personal Property Tax did not make Budget, this tax is the highest amount received for the past seven (7) years. a ($4.. , under Su get say FY1 3 080 $60 g 040 $20 00 FY 2007 FY 2008 FY 2009 FY 2010 D Budget FY 2011 D Actual FY 2012 FY 2013 18 December 10, 2013 -11 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) General Sales Tax Revenue is also highest for the past seven (7) years e: e: eC, OK -t ove bVic Business License Revenue is up 7.5%from FY2012: w 1 0: $50 $40 $30 $20 $10 $0 40.8 3, FY 2007 45.0 41.8 FY 2008 43.2 40.6 40.8 41.3 FY 2009 FY 2010 FY 2011 ® Budget ❑Actual 41.3 41.1 FY 2012 44.2 42.4 FY 2013 20 December 10, 2013 -12 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) The decline in land lines, fax lines, 800 numbers used (paid per call), along with the competition with cell phone companies offering free minutes have contributed to the decline in this Revenue Source, as the market adjusts to technology and competition. Hotel Room Taxes are up 4.2%from FY2012 and is highest collections on record: $30 $25 $20 y $15 510 $5 50 24.4 FY 2008 FY 2009 FY 2010 FY 2011 r 0Budget ❑Actual 25.1 25.0 FY 2012 25.4 26.0 FY 2013 22 December 10, 2013 -13 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Restaurant Meal Taxes are up 3.5%from FY2012 and is also the highest collections on record: s i c in A. Hotel Room Tax Restaurant Meal Tax ®GF2% ]CBDTIF •TAP1%/$1 OTIPS% 58 $1 I ®GF3.5% TAP 0.5% o TIP 1.06% MOS 0.44% 24 December 10, 2013 -14 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) State Revenues are down 0.26%from FY2012, due to the reduction in State Public Assistance Grants of roughly $3 -MILLION contributed to this decline. 0175 156.7 157.3 159.3 156.1 FY 2007 FY 2008 0 Budget FY 2009 FY 2010 FY 2011 OActual FY 2012 FY 2013 25 E:3 0200 $150 o $100 15 0 $50 $0 1Z.8% • 9.3% 11.0% 10.1% a 2004 2005 2006 2007 2008 2009 2010 2011 2012 ®Unassigned GF Balance -Y %of Budgeted GF Revenue Policy = 8-12% of Revenues 2013 16.0% 12.0% — 8.0% 4.0% 0.0% % of Budgeted GF Revenue 26 December 10, 2013 -15 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Total Reversion to the City from the School's Operating Fund for FY2013 was $18.8 -MILLION: h Budget Actual Variance REVENUES: City $ 388.9 $ 388.9 $ - Local 2.7 3.1 0.4 School's Reserve & Other Funds 11.7 11.7 - Commonwealth 310.1 307.4 (2.7) Federal Government 17.1 20.9 3.8 Total Revenues $ 730.5 $ 732.0 $ 1.5 EXPENDITURES $ (740.6) $ (723.3) * $ 17.3 Total Reversion to City $ 18.8 * Reflects encumbrances of $5.4 million 27 The Water and Sewer Enterprise Fund Net Change in Position is $11.4 -MILLION:: Budget Actual Diff Charges for Services $ 60.1 $ 62.2 $ 2.1 Sale of Water 48.1 46.5 (1.6) Other 4.6 7.8 3.2 Total Revenues $ 112.8 $ 116.5 $ 3.7 Water Services Contract $ 27.8 $ 26.0 $ 1.8 Operating Expenses 58.2 51.9 6.3 Debt Service 19.0 13.9 5.1 Transfers to CIP 13.3 13.3 0.0 Total Expenditures $ 118.3 $ 105.1 $ 13.2 Net Change in Position $ 11.4 28 December 10, 2013 -16 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) The Waste Management Special Revenue Fund will become an Enterprise Fund in FY2015: Charges for Services Transfer from Gen Fund Other Total Revenues Budget Actual Diff $ 26.6 $ 26.6 $ (0.0) 14.8 14.8 0.0 0.1 0.1 0.0 $ 41.5 $ 41.5 $ 0.0 Program Support $ 1.0 $ 1.0 $ 0.0 Waste Disposal 21.4 18.7 2.7 Waste Collection 12.5 12.2 0.3 Yard Debris/Hazardous Waste 1.9 2.0 (0.0) Recycling 4.6 4.6 (0.1) Transfers to City Garage 0.1 0.1 0.0 Total Expenditures $ 41.5 $ 38.6 $ 2.9 Net Change in Fund Balance $ 2.9 Hotel Room Tax Restaurant Meal Tax Amusement Tax Cigarette Tax Transfer from Gen Fund Other Total Revenues Debt Service SGA Special Events Operating Expenses Transfer to Sandbridge SSD Transfer to Gen Fund Total Expenditures Net Change in Fund Balance Budget Actual Diff $ 14.3 $ 14.6 $ 0.3 10.6 10.6 (0.0) 5.8 5.5 (0.3) 0.9 0.9 (0.0) 0.3 0.3 0.0 1.5 1.6 0.1 $ 33.4 $ 33.5 $ 0.1 $ 26.2 $ 26.1 $ 0.1 3.5 3.4 0.1 2.0 1.6 0.4 2.3 2.4 (0.1) 2.0 2.0 0.0 $ 36.0 $ 35.5 $ 0.5 $ (2.0) 30 December 10, 2013 -17 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) General Government 54.62% Total Debt - $1.204B Agriculture Reserve Program 3.42% Schools 26.13% Storm Water 2.13% Water and Sewer 13.70% 31 • Fund Balance within Policy, lower than 2012 • (10.4% FY13 vs 10.7% FY12) • Reservations for FY14 operating budget include: • Schools - $3.1M • Sequestration - $9.9M • FY14 CIP Budget - $24.4M • School Reversion - $18.8M • Departments continue to manage their budgets • Reductions in personnel have operating impacts • Actual revenues were 0.1% over budget 32 December 10, 2013 -18 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Revenues Local (83.1% of budget) State (15.1% of budget) Federal ( 1.8% of budget) Total Revenues Annual YTD Budeet Actual Variance $ 816.2 $ 281.7 $ (534.5) 148.6 32.2 (116.4) 17.5 6.7 (10.8) $ 982.3 $ 320.6 $(661.71 Expenditures City Operations $ 639.4 $ 288.8 $ 350.6 School Operations 382.6 159.4 223.2 Total Expenditures $1,022.0 $ 448.2 $ 573.8 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/13 $ 8.2 City and School Capital Projects 24.5 School's Operating Budget 3.1 Thalia Station Revitalization 0.5 Arrears Conversion Pay 3.4 Adjusted Expenditures $ 982.3 34 December 10, 2013 -19 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM #63361(Continued) Departments are spending below trend line: 2014^ g'ygaener,kl }"g°t.. nd pg p'-,5=e'nue-.s sg °gyg3 {:.�,} `.cUtusaes Comp re#.i e.: `t{todc ffitrnd at $r2 �1.1'rc �4n81A Je 0. 201a a6% 100% ACTUAL REVENUES = $320.6M 93,9% ,. ACTUAL EXPENDITURES= $448.2M 85.8% 80% gi - -77.8'Yo �''.,, 78,3`,'0 70.2% o2.2% ."-0 60% u'S 94.2%.„+' 45.'% 492%8.1% r^ 43.9% 0 0410 36.1% 32.6% 28 7.9% 28.1% 19.3% 20% 0,6° 139 8.4% 11.6% 15.2% fl% A2go 8.5% Jul 'S9'° Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun ...Rey Trend -F% of FY/4 Rev Budget --Expenditure Trend -9-% of FY14 Exp Budget 35 December Interim a FY15 Budget Proposal FY15 Budget Adoption Jan 28, 2014 Mar 25, 2014 May 13, 2014 35 Mayor Sessoms thanked Mrs. Phillips and her entire Team for their work. December 10, 2013 -20 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362 2:00 P.M. Mayor Sessoms introduced Ashby Moss, Evaluation Coordinator — Planning. Ms. Moss expressed her appreciation to City Council for their support for this project. Central Business Core District ZONING City Council Briefing December 10, 2013 Ms. Moss advised this project began in 2009 with the adoption of the Pembroke SGA. Nov. 10, 2009 - Pembroke SGA Plan adopted (plan called for new zoning to support envisioned urban -style development) December 10, 2013 -21 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Below is a list of Milestones regarding the new zoning: Milestones - Nov 2012 - Staff began drafting new zoning r Nov. 20, 2012 City Council Briefing Y May 8, 2013 - Planning Commission Briefing r May - Nov. 2013 - Stakeholder notifications and meetings ➢ Jul. 2, 2013 - City Council Briefing Aug. 14, 2013 - Planning Commission Briefing A Aug. 15, 2013 - Public Meeting and Workshop Oct. 17, 2013 PlanningCommission Workshop r Nov 12 2013 - Endorsed by Central Business District Association (CBDA) 9 Concepts modeled after Oceanfront Resort District Form -Based Code December 10, 2013 -22 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) The Format is a bit different than Form -Based Code; specifically this format focuses on development standards, paths to approval and design guidelines Concepts modeled after Oceanfront Resort District Form -Based Code A. 6 Key Development Standards B. 3 Paths to Approval C. Design Guidelines Format Concepts modeled after Oceanfront Resort District Form -Based Code A. 6 Key Development Stand B. 3 Paths to Approval C. Design Guidelines rds sieBut format modeled after standard zoning ordinances December 10, 2013 -23 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) The intent is to create more of an "urban street" 6 Key Development Standards ➢ Build -To Zone Parking Setback Transparency y Blank Wall Height, Ground Floor Height ➢ Outdoor Amenity Space Developers have 3 paths to approval for projects: 3 Paths to Approval 1. PrescribedForm (administrative process) 2. Optional Forms of Development (administrative process) 3. Alternative Compliance' (City Council approval) December 10, 2013 -24 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Applicants can qualify for bonus signage when all conditions are met Design Guidelines > Applied when using Optional Forms Considered when using Alternative Compliance Qualify for bonus signage Central Business Core District DESIGN GUIDELINES Build -To Zone supports the intent to create a more "urban street" environment: 1. Build -To Zane Purpose y Bring buildings to street > Create "Street Walt" > Rules Place building between 0 and 10 feet from front property line ➢ Place building along at least 70% of street frontage December 10, 2013 -25 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) 1. Build -To Zone Example of Optional Form for Build -To Zone: ✓ Activates street ✓ Meets Design Guidelines Outdoor amenity space enlivens street frontage Building is not in build -to zone 50% of street frontage December 10, 2013 -26 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) The purpose of the parking set -back is to hide parking from streets and sidewalks and create a "pedestrian friendly" environment 2. Parking Setback l Purpose y Hide parking from street and sidewalk • Create "pedestrian -friendly" environment • Rules Place parking at least 20' from street facing property line • Surface = Applies to at least 70% of street frontage (so 30% of street frontage can have parking up front) • Structured= Applies to at least 50% of street frontage (so 50% of street frontage can have parking up front) • Applies to ground story only Below is an example of a structured parking setback: December 10, 2013 -27 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Below is an example of surface parking setback: 2. Parking Setback Example of Optional Form for Parking Setback: ✓ Screens parking' ✓ Activates street ✓ Building Meets Design Guidelines icor factwat` street " Parking is partially, underground and well screened December 10, 2013 -28 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) 2. Parkin Does not meet Prescribed Form: Parking is within in parking setback on 75% of street frontage Example of Optional Form for Parking Setback: • Screens parking ✓ Activates street 1 Building Meets Design Guidelines PE:rking is welt s reened behind s dewalk cafe sse�w, SidewalK e enlivens street frontage The intent is to create a "pedestrian friendly" environment with transparency by adding interest to the street level as well as improve safety: 3. Transparency - Purpose ▪ Create "pedestrian -friendly" environment by adding interest to street level Create "eyes on the street" to improve safety Rules ▪ 30% ground floor facade must be transparent (measured from 2' to 8' above sidewalk) 15% upper floors (measured from finished floor to finished floor) Applies to street facing facades only December 10, 2013 -29 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Upper floor=45% Floor to ceiling 3. Transparen Example of Optional Form for Transparency: ✓ Adds Visual Interest Building Meets Design Guidelines ✓ Added bonus - this feature doubles as a low impact stormwater management facility December 10, 2013 -30 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) 4. Blank Wall. Purpose Y Create`"pedestrian=friendly" environment by adding interest to street level > Rules Y Every 30' must include substantial material change (windows, doors, columns, pilasters, or other articulation greater than 12" deep) y'Applies vertically and horizontally Ty Applies to street facing facades only Y Applies to ground and upper stories 4. Blank Banners add visual interest; break up otherwise blank wall December 10, 2013 -31 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) 4. Blank Wall Example of optional Form for Blank Wall: ✓ Adds Visual Interest ✓ Activates street ✓ Building meets Design Guidelines "Living Wall" enlivens street 5. Height Purpose > Create "Street Watt" > Create organized form. most dense in Core Rules Minimum height = 25' or 2 stories (whichever is lower) > Measured from lowest point of original grade (at street setback) to highest point of building > Ground floor min height = 12' (measured floor to floor) > No maximum height in Core District December 10, 2013 -32 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Total height = 36' Example of Optional Form for Height: ✓ Minimum 22' Building Meets Design Guidelines December 10, 2013 -33 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) The Plan provides outdoor spaces in dense urban environment: 6. Outdoor Amenity Space y Purpose Provide outdoor spaces in dense, urban environments Rules Y 5% of lot area 6. Outdoor Amenity Space Rooftops can take advantage of otherwise wasted space December 10, 2013 -34 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) 6. Outdoor Amenity Space Example of Optional Form for Outdoor Amenity Space: Off -Site Public Art ✓ Can be off-site if no feasible location on subject property ✓ Readily visible and accessible to pedestrians ✓ Within 50' of public sidewalk ✓ Does not impede flow of pedestrian traffic ✓, Approved by Public Art Committee ✓ Qualified artist This Zoning will allow for more urban -style environment, missed use buildings and create more variety in price and types of housing: Purpose Create more urban -style environment ▪ Allow for a mixture of uses - residentiat, office, commercial, hotel Create more variety in price and types of housing Citywide Uses Rules ▪ Allows apartment buildings and mixed use buildings with residential on upper floors Allows grocery stores, carry -out food, convenience stores (freestanding or in mixed use building) ▪ Limits on automobile -oriented uses: drive-throughs, auto repair (X), gas stations (X) No industrial uses December 10, 2013 -35 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Uses Drive-throughs for banks, pharmacies, *and restaurants (P)ermitted, BUT "drive-through facilities shall be located on the block interior or in the ground floor of a parking structure so as not to be visible from a public ROW" Surface parking lots permitted if behind building or screened from view from public street; otherwise need a CUP *new addition for next draft This Zoning allows for a variety of sign types found in urban areas and prevents distracting and competing signage: Purpose r Allow for variety of sign types found in urban areas (awning, hanging, projecting, marquee) • Prevent distracting, competing signage • Incentivize compliance with Design Guidelines e Rules • Number and total area of signs based on building type, height, and street frontage Bonus signage allowed when signs meet Design Guidelines Signs December 10, 2013 -36 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) This is why we have sign regulations. Signs should identify and enhance, not compete for attention. December 10, 2013 -37 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362 (Continued) The existing zoning in the Town Center Area was mostly B3A and B3 Below is a comparison of the old and new zoning: Otd1New Zoning Comparison No mixed use or residential Mixed use and residential with CUP Mixed use and residential with no density limit - By. Right Parking, Parking requirement based on Parking requirements Parking requirements Loading same ratios as suburban determined by determined by areas parking analysis; parking analysis; No Loading requirement based on Loading requirements loading requirements use & size - same as suburban relaxed Surface 10'street frontage 10' street frontage 20' setback on 70% of Parking landscaping required in front landscaping required frontage setback of surface parking lots in front of surface parking lots Min. lot area 20,000 sf, 1 acre for hotels 10,000 sf Min. lot width 100' 100' Front yard min 35' max 0-10' setback 5,000 sf 50' max 0-10' December 10, 2013 -38 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) The City reviewed three properties when drafting the Zoning Ordinance: Three Case Studies 1. Town Center Full Block Development (Block 11 -'Clark Nexsen Building) 2. Redevelopment of Former Big Box Site (Vacant parcels in SW. quadrant) 3. Drive -Through Outparcel on Major Arterial (Jason's Deli on Independence) Town Center _Block Meets or exceeds all Prescribed Form Requirements: • Build -To • Parking Setback • Transparency • Blank Wall • Height • Outdoor Amenity Space December 10, 2013 -39 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Town Center Block 11 Exceeds build - to requirement Building located in build -to zone on all four street frontages Town Center Block Main St. Exceeds structured parking setback 0 73% of block frontage has parking set back 20' or more Columbus St. % of total street frontage for block; red = parking, white - on -parking December 10, 2013 -40 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Transparency - front sides 60% 7"' & up 26%2nd- 6th floors 7th a uP 14% 2nd - 6th floors' 33% ground floor Town Center Block 1 Transparency - back sides Constitution Dr. Frontage 18% upper floors 18% ground floor St. Frontage upper #loors ground,ftoor December 10, 2013 -41 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Transparency Block Totals Main St. 85% 26% Town Center Dr. 33% 14% Columbus St. 9% 27% Constitution Dr. 18% 38% Average _._. 36% 53% Town Center Block 1 No blank walls Exceeds minimum height requirement Outdoor amenity space Rooftop. pool December 10, 2013 -42 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Below is an example of the "Big Box Redevelopment" in accordance with the new proposed Zoning: Big Box Redevelopment Consider existing and potential future street frontages Existing Potential Future Big Box Redevelopment PHASE 1 ➢ Phase in streets gradually ➢ Orient buildings, to phase 1 streets ➢ Interim surface parking located behind buildings December 10, 2013 -43 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Big Box Redevelopment PHASE 2 ➢ Replace surface parking with structured parking when market supports it ➢ Wrap with retail/active use on, primary pedestrian - oriented streets PHASE 2 alternative ➢ Create larger block with taller buildings ➢ Wrap ground level' with retail/active use on primary pedestrian -oriented streets December 10, 2013 -44 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Below is an example of a Drive -Through Outparcel with the new proposed zoning: Drive -Through Outparcel ➢ Consider existing and potential future street frontages Existing, Potential Future Drive -Through Outparcet Not so good - Building not in build -to zone and only 25% of street frontage;. Good Parking behind parking setback Not so good - Parking visible from street Not so good - Drive-through aisle visible from street December 10, 2013 -45 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Drive-Throu Optional Form = Extra outdoor amenity . w space (beyond 5% required) = • plantings,low wall to screen parking, buffer outdoor seating • benches or public art to enliven street frontage • - - e w"t DVvlu)ilindil,Mti Extra outdoor amenity space from building to street and in remainder of build -to zone — Move outdoo seating to front,' enlivens street U - Keep drive- through on one r side; hidden - frbm street Good -Transparency = 50% Not so Good - Height = 22' December 10, 2013 -46 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Drive -Through Outparcel Different prototypes or slight variations in prototypes can get closer to meeting goats of the Core District. The Central Business District Association has endorsed the proposed zoning and this ordinance will be before the Planning Commission tomorrow Endorsements > Central Business District Association (CBDA) > No other known opposition December 10, 2013 -47 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) Below is the tentative schedule: Tentative Schedute ✓ City Council Briefing: December 10, 2013 > Planning Commission: December 11, 2013 > City Council Public Hearing for Comments: January 14, 2014 > City Council Public Hearing for Vote: January 28, 2014 Next New zoning for remaining Pembroke SGA Districts: ➢ CBD Waterfront ➢ CBD Bonney > Central Village > Southern Corporate ➢ Western Campus December 10, 2013 -48 - CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE ITEM #63362(Continued) ening ofCentral . Business Cote District from Pembroke SGA Plan, Adopted by C ity Council 2009 Mayor Sessoms thanked Ms. Moss and the entire Team for their hard work putting together this proposed Zoning December 10, 2013 -49 - CITY MANAGER'S BRIEFINGS STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELIENS ITEM #63363 2:10 P.M. Mayor Sessoms introduced and welcomed Barry Frankenfield, SGA Director. Mr. Frankenfield advised the need for a revision to the existing Investment Partnership Policy. Mr. Frankenfield expressed his appreciation to Patti Phillips, Gerald Phillips, Warren Harris, Management Services and the City Attorney's Office for assistance on bringing this proposed revision forward SGA/SEGA Investment Partnership Policy City Council Briefing December 10, 2013 Mr. Frankenfield advised this is an important part of implementing and encouraging development in the Strategic Growth Areas and the Special Economic Growth Areas Updated Investment Partnership Policy Policy Report: SGA Office and Finance Department, reviewed by Planning, Economic Development, Management Services, City Attorney's Office. Proposed Draft Policy: Revision to existing Council Policy (January 2001). Bring forward to City Council in the form of a Resolution for consideration January 14, 2014. Policy Purpose: Refines investment partnership qualifications and incentives and focuses on Strategic Growth Areas and Special Economic Growth Areas. Policy Objective: Encourage SGA and SEGA plan compliant development December 10, 2013 -50 - CITY MANAGER'S BRIEFINGS STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELIENS ITEM #63363(Continued) The eight (8) SGA's are identified below: Below are the types of investment incentives which are usually based on a percentage of certain tax revenues: Types of Investment Incentives Annual revenue and/or fee incentive grants (typically based on % of certain tax revenues) Density bonuses Special service districts (SSD) • Economic Development Incentive Program (EDIP) grants Land swaps, grants, and transfers •• Lease agreements :• Assisted Plan Review a• Public infrastructure, parking, and amenities :• Sustainability and/or rehabilitation tax relief Other December 10, 2013 -51 - CITY MANAGER'S BRIEFINGS STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELIENS ITEM #63363(Continued) Below are some Successful Projects with incentives for each project: Successful Projects Cavalier Hotel Renovation: Annual incentive revenue grant, EDIP, public infrastructure support. 25th Street Parking Garage: Annual incentive revenue grant, long-term lease, and land transfer. 31 Ocean (Laskin Road Gateway): Fully funded public utility and roadway infrastructure CIP,EDIP and public parking lease. 31st Street Mixed Use Development: Land lease and parking infrastructure CIP. Sportsplex Fieldhouse: Annual incentive revenue grant and long-term land lease. Lynnhaven Mall Renovation: Tax increment financing revenue grant for parking infrastructure upgrade. ▪ Sportsplex: Public amenity infrastructure cost sharing CIP Town Center Project: TIF for parking garages, SSD for services, and adjacent streetscapes. 17th Street Park Development: Conditional use permit granted in exchange for public amenity use on private property. ▪ 9th Street Parking Garage: Long-term parking lease with option to purchase. Virginia Beach Amphitheater: Public amenity infrastructure cost sharing CIP. Below are the typical Guidelines for this policy: Typical Guidelines • Compliance with City Council goals. • The project is located within a Strategic Growth Area or Special Economic Growth Area. *:* The private sector investment is a minimum of approximately $30 million . The project aligns with SGA/SEGA design principles. • Proximity to light rail stations (SGA only). Historical financial and construction development integrity of the Developer. • Generates jobs and supports target industry development. • Projects support pedestrian and bicycle connectivity. Offers housing stock variety. December 10, 2013 -52 - CITY MANAGER'S BRIEFINGS STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELIENS ITEM #63363(Continued) The Financial Feasibility of the proposed partnership is looked at very closely" Financial Feasibility (for the City and the private partner) + Fiscal, economic, and/or social benefits will be greater because of a public investment partnership based on a due diligence evaluation. .t• A fair and reasonable return is provided to the private and public sector partners. + The project will not proceed, or will not proceed at a desired quality level, "but/for" a public sector investment partnership. Developer and the City/VBDA enter into a Development Agreement that fairly delineates responsibility and risk. Below is the review process for any public private partnership (PPEA) proposal: Review Process 1. Formal Request 2. Additional Information 3. Briefing to City Council & Appointment of Council Liaisons 4. Assign Project Manager and complete a study of economic, fiscal and social impacts 5. A Term Sheet may be developed, in concert with the City Attorney, and presented to City Council for concurrence. 6. The Project Manager will undertake stakeholder input that is appropriate based upon the size and scope of the project. 7. A Development Agreement is prepared with the developer/partner. 8. The Development Agreement is brought before the City Council and/or Development Authority for formal approval. December 10, 2013 -53 - CITY MANAGER'S BRIEFINGS STRATEGIC GROWTH AREA INVESTMENT PARTNERSHIP GUIDELIENS ITEM #63363(Continued) Policy Next Steps ®� Review and Comment by City Council Virginia Beach Development Authority Review: December 17, 2013 Revise if necessary and finalize the policy. a:4 Resolution for Council Consideration: January 14, 2014. Mayor Sessoms thanked Mr. Frankenfield and the entire Team for their work on this project. December 10, 2013 -54 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCHNG PROPOSAL — CAVALIER ASSOCIATES ITEM #63364 2:23 P.M. Mr. Frankenfiled provided an update to the Virginia Tourism Projects, specifically Cavalier Associates, LLC. Cavalier vir'ginim Beach December /9, NCO. HRIEF{NG'-St Below is a brief summary of the background on this program: •A Virginia Tourism Gap Financing Program (the "Program") provides funding streams through a General Assembly authorized process designed to assist and support tourism development. ❖ The Program supports the priorities of the Resort Area Strategic Action Plan including significant tourism projects that fill a void identified by the Plana •.• The Program returns an amount equal to 1 cent of the State sales tax and an equal amount of City tax revenues to support financing of a qualifying project. Developer provides a self-imposed "Access Fee". •A The Program is not for public debt, subordination, or guarantees of loans by the State or City. 4• The tax revenues that are the subject of this program are but for" money; tax revenue generated directly by a project that would not be built but for the Program. 4• Tourism Zone and guidelines for review of projects were adopted by City Council March 13, 2012. December 10, 2013 -55 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCIING PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) "Gap financing" means "debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital, provided by the developer of the project." (Va. Code § 58.1-3851.1) •." This debt financing belongs to the developer and the tourism project. •"rS 58.1-3851.1 provides a mechanism for directing certain tax revenues toward a tourism project's financing needs. + This section does not authorize new State, City, or VBDA debt. Rather, this section provides for the redirection of funding streams. + The amount of the funding stream is keyed to "an amount equal to the revenues', generated by a one percent sates and use tax on transactions taking place on the premises of the authorized tourism project."' (hereinafter, "1% of the sales tax") December 10, 2013 -56 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCIING PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) S .v "1% of the sales tax" comes from the State. The Tax Commissioner' certifies the amount to the State Comptroller, who remits the revenues to the City. 40.4 An amount equal to "1% of the sales tax" comes from the City. The City gets the reported amount from the Tax Commissioner. The developer imposes an "'Access Fee" on transactions onthe project's premises. This provides a third funding stream that is equal to " 1%'of the sales tax." These amounts are remitted to the City. fl*temoer 1I. 20 9rpqmi§i Section 58.1-3851.1 has a number of prerequisites: 1. The City is required to have a Tourism Marketing Plan. The City adopted the Resort Area Strategic ' ActionPlan in December 2008, which meets this requirement. 2. The creation of a Tourism Zone and a process for evaluation. Adopted March 13, 2012. 3. Before a project can be recommended for review by the State through the Virginia Tourism Authority, the City Council has to adopt an ordinance: (a) endorsing the project; and (b) expressing a willingness to allow the project to receive Local revenue stream (conditioned on state approval and performance agreement). December 10, 2013 -57 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCIING PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) The Tourism Zone Area adopted by City Council on March 13, 2012, generally includes the Oceanfront Resort District Code, Marina District, the areas adjacent to the Convention Center and Old Cavalier Hotel Area. TPtari Boardwalk from Radee Inlet to 42. Street 42^' Street from Oceanfront to Holley Road (includes old Cavalier Hotel ▪ Pacific. Avenue South to 35'" :4 Street, avoids existing residentially zoned: land to 33« and Arctic Avenue • Includes Laskin Road Gateway 32rv4 Street. to Baltic Avenue. • Baltic Avenue to 37'" Street. ▪ • 27`^ and Arctic to 22tl0 and Street to Parks Avenue. • ;From Parks Avenue to southside of route 264 to Birdnetk Road. •o Birdneck Road to Virginia Beath Boulevard (avoids the Church at Birdneck and 17. Street). •• Follows 17°' Street and includesthe existing Colony Motel and Mobile Home Park to Pacific Avenue Pacific Avenue to Winston Salem Avenue. •3 Includes the south side of WinstonSalem Avenue to Rudee Inlet and follows Rudee Inlet to the Boardwalk:. f.4UA'CIL 68t'" NGr RESORT 1,1.4 Cavalier Associates Below are the requirements for the Performance Agreement with Virginia Beach Development Authority: c nx with YPP6 + Section '58.1-3851.1 requires the developer to enter into a performance agreement with the Development Authority. + The performance agreement provides the minimum investment and other details of the tourism project. ***The performance agreement provides for the three funding streams to be directed to pay the "gap financing." ❖ The funding streams continue until the gap financing is paid in full. 20,4 December 10, 2013 -58 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCHNG PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) grvvnipn + funding streams can only be applied to payments of principal and interest on the qualified gap financing. ❖ The funding streams do not begin until the project generates sales taxes, i.e. these funds are not available during construction and build -out. ".• The ordinance will include a summary of terms for the performance agreement, but final agreement does not occur until after State approval. By Code, the agreement is between the developer and the local development authority. EINEM Below is the review process regarding Cavalier Associates LLC's application 4• Tourism Project Developer submits application. Application received November 26, 2013. It meets the general requirements of program, but additional information is being requested and reviewed. :• The application must make reference to the City's Resort Area Strategic Action Plan and identify how the Project meets a need identified in the Action Plan. Meets the requirement of additional higher quality hotels; increased tourism attracting new visitors; increasing year round employment; and, additional year round residential product, services and activities. (Residential Development is not eligible for the Tourism Development Gap Program). Taxable Sates of at least $1,000,000 per year. Estimated annual sales of approximately 544,000,000 ,(Historic Hotel $11M; Oceanfront Hotel S33M). December 10, 2013 -59 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCHNG PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) tier �{. Pr ❖ Total Capital cost must exceed $30,000,000. Estimated capital cost eligible for the grant is $145,000,000 (Historic Hotel $50M, Oceanfront Hotel $95M). As a matter of eligibility, the application must meet the statutory definition of "gap financing" not to exceed 20% of the project cost. Gap financing identified by the applicant is 518 million, 12.4% of total project. Developer equity is $53M, Developer Financing is 574M for total of $127M ($127M + 518M gap financing = 5145M total project cost). The applicant requests redirect of three revenue streams, 13' local_ sales tax, 1% state sales tax, and 1S' access fee to use to obtain financing of debt. ❖ Staff recommends to have a Public Hearing January 14; and, prepare an ordinance authorizing the application for review by the State through the Virginia Tourism Authority, for Council' consideration January 28, 2014. Below is a summary of the Gap Financing Cash Flow, beginning with the Developer: I% DEVELOPER ACCESS FEE.- 1% CITY. TAX REVENUE 1% STATE TAX REVENUE VIRGINIA BEACH DEVELOPMENT AUTHORITY. PRIVATE COMMERCIAL BANK STATETAX REVENU CAVALIER ASSOCIATES LLC PROJECT $145,000,000 t2 COMMONWEALTH OF VIRGINIA (STATE) December 10, 2013 -60 - CITY MANAGER'S BRIEFINGS VIRGINIA TOURISM GAP FINANCHNG PROPOSAL — CAVALIER ASSOCIATES ITEM #63364(Continued) +:• Same briefing to VBDA December 17, 2013 *;•Public Hearing on Council Agenda January 14, 2014 ❖ Ordinance for Council consideration January 28, 2014 • Endorses the project (possibly two projects - Historic and Oceanfront, separately) • Provides Council's willingness to designate revenue streams • Includes a summary of the Performance Agreement + Application by Cavalier Associates LLC to Virginia Tourism Authority ❖ Approval of Performance Agreement by Developer and VBDA Mayor Sessoms thanked Mr. Frankenfield and the entire Team for their work on this project. December 10, 2013 -61 - CITY COUNCIL COMMENTS 2:37P.M. ITEM #63365 Councilman Dyer advised the James C. Archbell III Foundation provided a $20.00 gift card to 800 children to spend at a local Wal-Mart. The children also visited the Boardwalk to see the Holiday Lights. This year children from Birdneck and Seatack Elementary Schools participated in this program. December 10, 2013 -62 - CITY COUNCIL COMMENTS ITEM #63366 Council Lady Ross -Hammond advised the City is sponsoring a Health Fest Screening and insurance sign- up session scheduled for this Saturday at Pleasant Grove Baptist Church. The Regional Director of U.S. Health and Human Services will be in attendance. December 10, 2013 -63 - CITY COUNCIL COMMENTS ITEM #63367 Council Lady Ross -Hammond congratulated Council Lady Wilson on the recent article in the Pilot regarding her work on affordable housing. December 10, 2013 -64 - CITY COUNCIL COMMENTS ITEM #63368 Councilman Moss expressed concern regarding the TRT Legislative package to the General Assembly re issuance of Debt and does not think that is a good idea. December 10, 2013 -65 - CITY COUNCIL COMMENTS ITEM #63369 Councilman Moss stated the Hampton Roads Planning District Commission is moving to allow localities to prohibit plastic bags and bottles in the Recycling. The idea of prohibiting behaviors is not the correct approach and he feels it is the wrong message to send as a region. Councilman Moss suggests looking to positive incentives instead. December 10, 2013 -66 - CITY COUNCIL COMMENTS ITEM #63370 Mr. Moss advised the National Defense Authorization Act will be passed today before the Senate goes on break and an agreement is expected in the middle of January. This is a positive step forward for the Defense Department. December 10, 2013 -67 - CITY COUNCIL COMMENTS ITEM #63371 Councilman Moss received and reviewed the per capita income information distributed by City Manager. It is important to realize that this income has increased in the City 2.5% compared to the Region's increase of 5.8%. Councilman Moss suggested the City receive more information for a better understanding in moving forward. December 10, 2013 -68 - CITY COUNCIL COMMENTS ITEM #63372 Mr. Moss requested an update on the City's request to partner with the Universities to look at on population and the Strategic Growth Areas. Mr. Spore advised the City is still in discussion with local Universities. December 10, 2013 -69 - CITY COUNCIL COMMENTS ITEM #63373 Council Lady Henley advised the Transition Area Advisory Board's public outreach meeting went extremely well. This is the first time a property owner asked the community for input for possible development. Council Lady Henley stated this is a good step forward to work this out so the property owner does not market something the community might oppose. She also advised the Committee is really working hard and is very valuable to City Council. December 10, 2013 -70 - CITY COUNCIL COMMENTS ITEM #63374 Council Lady Henley advised she has met with Mr. Yagen, the owner of the Pungo Airport, and the community. The neighbors are still expressing concerns with the future plans. City Council requested an exemption for real estate re: aviation museum in the City's Legislative Package to the 2014 General Assembly. December 10, 2013 -71 - AGENDA REVIEW SESSION 3:45 P.M. ITEM #63375 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation 2. Resolution to SUPPORT a 'first day introduction" requirement for General Assembly Bills that create local fiscal impacts 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a second Modification to the Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the pool and EXTEND the start date of construction to June 1, 2014 4. Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same to Smith/Packett Med-Com, LLC 5. Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for Columbus Station Associates, LLC 6. Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 - BEACH 8. Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net -New Tax Revenue 9. Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds: a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and conversion of the old Kellam High School to the Princess Anne Middle School. b. $175,544 for purchase of athletic equipment c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal emergencies AN ALTERNATE VERSION OF ITEM #2 WILL BE CONSIDERED COUNCILMAN DeSTEPH WILL VOTE VERBAL NAY ON ITEM #2 ITEM #3 WILL BE CONSIDERED SEPARATELY AN ALTERNATE VERSION OF ITEM #8 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON #8 December 10, 2013 -72 - AGENDA REVIEW SESSION ITEM #63375 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road DISTRICT 3 — ROSE HALL 2. Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE 3. Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess Anne Road DISTRICT 7 — PRINCESS ANNE 4. Applications of CAVALIER ASSOCIATES: DISTRICT 6 - BEACH a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District re a residential community b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form -Based Code. c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200 Pacific Avenue 5. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning, from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road DISTRICT 7 - PRINCESS ANNE ITEM #3 WILL BE CONSIDERED SEPARATELY ITEM #4 WILL BE CONSIDERED SEPARATELY ITEM #5 WILL BE DEFERRED INDEFINATEL Y December 10, 2013 -73- ITEM#633 76 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 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Beach District Rose Hall District December 10, 2013 -74 - ITEM# 63376(Continued) Upon motion by Council Lady Ross -Hammond, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 2:52 P.M. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin - Out of the Country Rosemary Wilson - Stepped out (Closed Session 2:52 P.M. 3:28 P.M.) (Break 2:56 P.M. - 3:00 P.M.) December 10, 2013 -75 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 10, 2013 Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING, in Building 19, Tuesday, December 10, 2013, at 3:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin School Board Members Present: Beverly M. Anderson, Vice Chairman William .1 Brunke, IV, Chairman Daniel D. Edwards, Joel A. McDonald, Bobby Melatti, Sam Reid, Elizabeth E. Taylor, Leonard C. Tengco and Carolyn D. Weems School Board Members Absent: Emma L. "EM" Davis Dorothy M. Holtz December 10, 2013 -76 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377 3:30 P.M. Mayor Sessoms introduced and welcomed Cindy Curtis, Deputy City Manager. Ms. Curtis acknowledged the team who has been working on this project. VIRGINIA BEACH CITY AND SCHOOLS 2015 PLAN AND RATE STRATEGY DECEMBER 10, 2013 Below is the Content for the meeting: Contents • 10 -Year Status Quo Trend Graph • Health Care Contribution Differential • Retiree Health Care Eligibility Considerations • 2015 Plan and Rate Considerations Summary • BEC Recommendation — Actives 97%/80%/60% Subsidy / Retirees 91%/80%/60% • Alternate Scenarios — Actives 97%/50%/50% Subsidy / Retirees 91%/50%/50% — Actives & Retirees 92%/50%/0% Subsidy • Next Steps • Appendix December 10, 2013 -77 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) Ms. Curtis introduced Kenneth Jeffries, Principal — Mercer Health and Benefits, LLC. Mr. Jeffries provided the 10 -Year Status Quo Trend Graph, as this represents unsustainable cost increases without changes: 10 -Year Status Quo Trend Graph Unsustainable Cost Increases .. ,-wG t- .1 Change • The below chart illustrates the long-term impact of 6%, 7%, and 8% gross cost increases through 2024 — Illustrates potential cost of maintaining status quo plan design • With 8% annual increases, gross cost would double from 2015 to 2024 to over $300 million $350 $300 5250- c 5100 .. .oma-"',-it�-6.0%ireM t: =^ 9 5150Trend A ot-8.0%Trend ^p. $100 $50 2015 2016 2012 2018 2019 2020 2021 2022 2023 2024 Impact of 6%- 8% Annual Gross Cort Increase to Status Quo plan 2 Mr. Jeffries stated the City has done a good job at "shielding" the employees from the rising costs and the Health Care Reserve Fund allowed that to happen; however, most of that fund is depleted Health Care Contribution Differential $140.0 5100.0 $100.0 $ea 560 -_ 540.0 5200 5200 FY05 FY06 FY03 FY08 FY09 FY30 FYll FY12 FY13 ....... -o-Employee Contributions $18e $197 $19.8 $196 $10.1 $20.6 $20.6 $21.0 $26.1 -i9-E poyer Contributions $56.1 $636 $24.4 $816 583.8. $96.9 $88.9 $86.0 $93.2 mFund Reserves used $36 ' $00 50.0 $00 $0.0 $oa Safi $zo $pow ---- IContrbutims $37.6 $833 $94.2 $101.2 $103.9 $108.3 $110.1 $1190 $130.2 o u by r -3r t. z ttho December 10, 2013 -78 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) Mr. Jeffries provided considerations for retiree health care eligibility: Retiree Health Care Eligibility Considerations • Retiree Eligibility — New Hires - Effective July 1, 2014, no employees hired on or after July 1, 2014 would be eligible for an employer contribution towards retiree health care. Employees hired on or after July 1, 2014 and who have at least 15 years of service with the City and/or Schools upon retirement may continue to stay on the City and Schools' health plan offering, but the retiree would be responsible for 100% of the premium cost. GASB — Initial impact is minimal, but will grow substantially over time as new hires make up a larger portion of the population. — New Retirement - Effective January 1, 2019, all employees hired before July 1, 2014 would need at least 30 years of service with the City and/or Schools at retirement in order be eligible for an employer contribution. Participants with less than 30 years of service may continue to stay on the City and Schools' health plan offering, but the retiree would be responsible for 100% of the premium cost. GASB — $2.9M* (estimate for discussion purposes only). The savings is Ile difference between Ile total Annual Required Contribution San the current plan costs and the proposed plan changes. II no change in numbers 0f retirees a e dependents, and no change In the type may 000000. These.•estimeles ontyro discussion they have not been ludifed' or an,4zed in depth. Actual calculations el the ARC will be developed eller direction from Council/Board, which will fiery change these armhole, and could also impact the way the City and Schools budget for healthcare. 4 Below is Side -by -Side Scenario Comparison for consideration; however, the recommendation is cover 97% of employee only, 80% of children and 60% of spouse.: 2015 Plan and Rate Considerations Side -by -Side S ;ro C .00n 5152.8 51440 5144.5 5144 5.... (5305) (53991 (5474). (5803)._..... .....:.:............... .. _._.. . _.. _...-............... 5122.4 $1U62 59].1 584.2.. 80% 73% 67% 58%....... . .. .. .. .. ..... ..... .. NIA (Sl]0) ; )S25.3) (538 2) ' $300/$600 refers to the in-networkdeducbblefor single/family of current POS plem93,000/56000refers tothe in - network deductible of the proposed PPO plan design r 97/80/60 refers to a defined contribution set at 97% employee subsidy, 80% children subsidy, 60% spouse subsidy for active employees in the PPO plan Nob: In both 07% active employee subsidy scenarios, retiree subsidy Is lower, .191% GASP Impact —97/80/60(actives)/1/80/00(retirees)58.0M;92/50/0$10.5M(estimates for discussion purposes only) All scenarios assume a on.-5,ne HSA contribution of $500 to PPO plan December 10, 2013 -79 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) 2015 Plan and Rate Considerations .ASS. mMors • For comparison purposes, all scenarios assume: — Constant enrollment by tier from projected 2014 counts — Approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45% elect the POS — Actual employee elections and dependent coverage will vary depending on plan and contribution changes • Status quo 2015 projection based on experience update with data through September 2013; detailed projection assumptions can be found in the appendix — Rates will need to be updated with additional claims and enrollment experience, as well as revised healthcare reform impact, GASB cost, and administrative expenses before final rate setting • All scenarios assume 100% participation in "°WellnessforLife — If employees do not participate, they pay additional $750, decreasing Virginia Beach's net cost • All scenarios assume the following coverage: — All plans cover: chiropractic, hearing aid, routine eye care — No plans cover: acupuncture, cosmetic surgery, dental care, long-term care, non -emergent outside U.S., private duty RN, infertility treatment, bariatric surgery, child dependent OB Below are the 2015 Plan and Rate Considerations: 2015 Plan and Rate Considerations PPO P,an Design {ensu tin (Ir N : Ik Bee GP,_ • The following table outlines the PPO plan design for all scenarios • The additional plans for the buy -up options are shown on page 17 300/5600 31.800/33.000 320/100%. 340/100%' 51250/32.500 S3000ne000 0500/5500 $300/5300••. 55,250512.500 55000/310.0. 30%Cmnsurance 20% Coinsurance 100% 100, 30% Coinsurance 20% Coonsurance Soo/100% 30%Comsurance 20%Coinsurance. 3150/100% 30% Coinsurance 202. Comsurance 5500/100% 30%Coinsurance Coinsurance 3250/100% 3o%Coinsurance 20% Coinsurance. Sao oe Confirm/3200 global 30%Coinsurance 20% Coinsurance then 100% After Deductible After Deduct). 315 015 S15 330 ...030 $30. 25% (non S45. max 380) 25% (min 345, max 560) 25% Vein 345, max S00) 50% (min000 max 5110) 50% (min 550, max 5110). 50 (min 350 max 5110) • Deductible does not apply to.is benefit PPO HSA COntribution altered first plan sear only Pharmacy pen do not assume pattmpaton In the preferred network 7 December 10, 2013 -80 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) 2015 Plan and Rate Considerations HSA Gatti Sensitivity In all presented scenarios, Virginia Beach is assumed to contribute $500 per employee in the PPO plan into an HSA — A $500 one-time employer contribution to employees/retirees that newly elect the lowest coverage plan during open enrollment for the 2015 plan year - This one-time contribution will not apply to new hires for the 2015 plan year — HSA costs are not included in the rates and would need to be funded separately • Total cost of the HSA funding is dependent on employee migration, which can be difficult to predict with significant plan and contribution changes • The table below illustrates the sensitivity of HSA cost to the number of employees electing the PPO plan • Scenario A is our current estimate used in the total cost projection, which is an additional $0.8 million funded outside of the rates Migration Impact on HSA Coat Scenario %oi EEe Electing PPO Plan Total HSA Coat A 10% 1804,500 6 20% 11600.000 C 30% 12,413 500 D 40% 53,218 000 2015 Scenario Comparison !ire Employee Cst impact • The below chart illustrates the combined monthly employee contribution plus expected out-of-pocket costs based on cost and utilization assumptions • Active employees are roughly 40% low, 45% moderate, 15% high utilizers, based on 2012 Optima report • Utilization scenarios are illustrative; actual utilization varies greatly among individuals Ad m Emaw« Anna Cess a 000 r1.000 a.OW s. .0000 SS 000 PPPPPP Issn000 ', 5050, Poo re/ 11v o250m, • Considerations: — Low utilizers benefit from reduced monthly contributions of lower cost plans — Employee Only high utilizers see large percentage cost increase — Families see large increase under altemate rate options due to reduced subsidy contribution scenarios • Chart does not illustrate buy -up Plus PPO or POS plans, summarized on page 17 December 10, 2013 -81 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) BEC RECOMMENDATION 97/80/60 SCENARIO Below are the projected 2015 monthly rates and contributions: 97/80/60 Scenario Pre :eJ 2 1 M.;ntnly R , ard U t idO _.21, .- ... _ m.;; , •,; • Following rate scenario illustrates a defined employer contribution strategy • Enrollment assumes approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45% elect the POS — Under this migration scenario, overall cost share is 73% — Projected net savings from status quo of $17.2M • Full rates for all plans and tiers are found in the appendix on pages 18 - 19 December 10, 2013 'k?f�M melee. Only mpioyee8 Child mei,.8ch14,aen mployee 8 Spo(44 amity 540218 ss!59..2, ,y `-59824¢ .585434- .83',„,,c2. 51.31278 5351022 5588 '-•% 1771 4s�'=- 11.011.48 $120)y`Y , 18)43 '412810 $22829 $301.27 140A8` •_:--..5a 8 `11)00 'i33R.04,_„k,`- $303.82 1581.98 36 (5.92) (583.87) ($20864) (577.331 (5280.89) q�p* 85LBrh by '9Yh TL81 R 4*8'4F ke b�nm 6'u.�rMkh�S°t i@^ :a T” •r...' o�T.s j� i1c &TirrF .e t ..`'idrilerlu)t4fr AE "..'Gaihli25ldrr `. Rehm°Only Reha8 Child re ...BS (.h 1 cir Retiree 8 5poue0 Family $555.15 3804.97 i11 1)7*) 37246.3' ,R ,' 31,87101 5505.19 5705142.' 597142)'-'' 14146'205,,,) $1250.20 $4998✓ 19966 4166 56 S34530 $420.80 $4&06 .,, i141A0v. 339582',,„ , ' 5400.72 5640.37 50.90 (541 871 (3228.77) (581.42) 4219 57) • Full rates for all plans and tiers are found in the appendix on pages 18 - 19 December 10, 2013 -82 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) Alternately, the City could elect to shift more costs to the employees. Below is the projected 2015 monthly rates and contributions: 97/50/50 Scenario Pro10cted 2015 Monty r s 1<, • Following rate scenario illustrates a defined employer contribution strategy • Enrollment assumes approximately tO% of employees elect the PPO, and 45% elect the Plus PPO, and 45% elect the POS — Uncle this migration scenario, overall cost share is 67% — Projected net savings from status quo of $25.3M 91110450Prejaotad 2015 *Ow 7AO Rater ($1,00W$6,0000aauobbla)': Ch+wO.Oom 3714P03 Rgea ($300/3800 Oad dlbM) „ TW Total Coq Employ" ConMbulbn. Em':' Conhibutlon. 2014 POS Employee : Contribution Change In Employer Contribution Employee Only $402.28 $390.22 $1207:: '54200 ($36.99) Employee &Child $651.59 $51437 $13672: $425+1 11092 Employee&Cndren $98244 $68029 $30215. $33844 (13459) mployee8 Spouse $937.13.: $65799 $279.84 $30362 ($23.78) =molly $1,312.76 184545 1487.30 $511.06 (1114.88) 91150150 Prejoggl 2015Ra0r, PPO Rgot(12.1b07$0.0000rawRbNj , C Oefroa1014Pe0Rgw 016 a Total Coq Emplbyq: Relirr POS 2016 POS Change Change Rginr Tlx Con"i'llan C'"*"'"'" Contribution Contribullon Cognbuhon' Retiree Only $555.15 $505.19 iRetiree&Chiltl 4104.97:: $130:10 $/7487. $141510 $33.07 3e5ree 0 Children $1,131.06 $79654 534142 " $30532. ($53.90) 504008 5)0104 $1293.50 $674 e0 - $419.14 $400.72 512.42 -amity - 51.671 01 $1,063.12 0607.69 $840.37 ($3248) 13 December 10, 2013 -83 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) 92/5D/0 Scenario Proecleci 1C.,15 t1., tIlly Rte:s. n ',e _ ,>,. -r, • Following rate scenario illustrates a defined employer contribution strategy • Enrollment assumes approximately 10% of employees elect the PPO, and 45% elect the Plus PPO, and 45% elect the POS — Under this migration scenario, overall cost share is 58% — Projected net savings from status quo of $38.2M eflOJe Projected 2015Acdve FPO :Rot..{$ ,000ri8:0000040505 ) OS Rates Chan➢afmm E014Pctib.) 0/5600 be Tier Total Cost Employer Contribution Etym., a Contributions Change Ze1d POS Change 014 ETPiOYM Employee Contribution Contribution Employee Only $402.28 $31097 $3131 .. 54806 ($1775) Employee B Child 5651.59 $49563 $15596- $12530 53016 =mployee&Ch4dren593244 - $66105 1321.39_ $33614- ($15.35) mployee4 Spouse $9:783 4670.97- $56685 $303.62 $283.23 Family 41612 76 $558.44 $754.32 $581.86 $172.36 92/50Po PrvJwtod 2545 Ra0r0.080 nat. ($3.00048A0t Mducada) GMnpa /rom:2014 POS Ratac {13e0Re000e4uctibte) Tim Total co., Em e 0Yar Ratiras 20R147.08 Cir as In Retlroe contribution Contribution Contribution Contribution. Retiree Only 4555.15 $511.94 $43.21 $4906: > (55.85) Retiree 8 Child $80497 - 4036;85 516812 514190 126.32 801009Ch ldiTn 51138-08 $80340 $33468 5395• 32 ($60.68) Retiree Spouse 51293.50 $51104 $781.56 -5406.72 $374.84 -amity 51.671 01 5700.70 $97031 564037 $32094 14 Mr. Jeffries provided the following next steps for consideration: Next Steps January/February — Joint Board/Council Direction — Contribution Strategy — Defined Contribution method of funding a percentage of cost for lowest coverage plan, and applying that same dollar amount to the buy -up plans as an employer contribution — Contribution Scenario — A specified % of plan costs for employees, dependent children, and spouses — Plan Offerings — 3 plan options with stated plan design and coverage levels — vsWellnessforLife — Rates Will assume participation in v°WellnessforLife. Those that fail to obtain a health screening or do not comply with health coaching requirement Will pay an additional $750 annually — Health Savings Account —A 9500 one-time employer contribution to employees/retirees that newly elect the lowest coverage plan (PPO) during open enrollment for the 2015 plan year — Future Retiree Coverage - New hires as of 7/1/2014 must have 15 years of service to have access to enrollment in retiree health care. No employer contribution will be provided. - Employees hired before 7/1/2014 and retire on wafter 1/1/2019 must have 30 cumulative years of service with the City and/or Schools, or 5 years job-related disability with the City, to receive an employer contribution towards retiree health - Request legislative action/support to change Code of Virginia requirement to provide retiree health care to those with 15 years of service. • March 2014 - GASB Valuation • April 2014- Rate Setting (Benefits Executive Committee) - Set rales after obtaining of GASB valuation and two months of claims - Employee premiums 0411 be established by determining plan costs and applying contribution scenario selected • May -October 2014 - Health Plan Education/Marketing (Consolidated Benefits Office) 15 Mr. Jeffries provided the following slides for further information to assist with this decision. Mayor Sessoms thanked Mr. Jeffries and the entire team for all of their hard work December 10, 2013 -84 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) BEC Recommendation 97/80/60 Scenario Plan Design Considerations (Ia Netw r Benefits) • The following alternate plan designs are being considered for implementation in 2015 PPtt 5300/8600 51.250/52500 550051500 51.50033000 53.00036000... N/A 55003500 N/A N/A 5500/550051 5, 500153.000 86250512500 5050035000 5,00058000 55000310000 520/100%' 30%coinsurance 820/100%: 10% Coinsurance 20% Coinsurance 100% loo r• 100%1 100% 100%. 500/100, 30% Coinsurance 840/1006 10%. Cansurance 20% Coinsurance 500/100°% 30% Coinsurance 10% Coinsurance 10% Comsurance 20% Coinsurance 150/100% 30% Coinsurance 10% Coinsurance 10% Coinsurance 20% Coinsurance 5500/100% Coinsurance 0°%Coinsurance t0%Coinsurance 20% Coinsurance 8250/100% 30% Coinsurance 10% Coinsurance 10%Coineurance 20% Coinsurance 5,0 OB Confirrn3200 global 30% Coinsurance $350 Copay' 10% Coinsurance 20% Coinsurance then 100% iAfter Deductible. Atter Deduct . Atter Deductible: 515 515 815 $ts Sts 530 830 530 530 830 25°%( in,max (8065481,40825/5(868545,600260/ max 545, max 25%(rein 545, ma 25%Im to sus. max 805]0) 80560 560)85580) 560) '1/0) me (min860.m 50%(511 x 50°8 (min8 ma z 50%°( E) max ( E1101 5110) Stt01 Bt10) E1101' Deduchble does not apply to the benefit.. PPO PSA contribution offered first plan year only.". Pharmacy copays clo not assume partrupaton in the preferred network 17 December 10, 2013 -85 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) BEC Recommendation 97/80/60 Scenario 2015 A " OS'r'.us 1'1'04'00 Rate a i 4 .; ... ;,ant -�;;rs - , or°.:'y Cai'"'s;,µJil'. ,. ; 001+1468 . ..%,. ,.�. X4,:.,.:: 4 }'vftl4Wla . b ..': $724.66 $505.19 121947 14906 Em play. Only $525.12 $390.22-90 .89 .08 64 .11 $14180 144% $20392 ranee 8 Children $1,485.58 $97152 $51404 81.1$ r OenMWuben rues, Spouse $1,688.46 $948.20 $740.26 $406.72 l0f PD$FarPlmre EaT1aY4ePeriOfOF(IS Earn. Cenleibu6en Cwlrlbatloo k S Emvoy.Only $463.76 $39022 $7354 $49.06 50% $24.48 Employee Pr Chdd $751.16 $58968 $161.50 $12580 28% $3570 E m ploy.8 Children $1,132.56 $85430 $278.22 $33674 -17% ($58.52) Employee. Spouse $1081.13 $711.54 $369.59 $30362 22% $65.97 army $1,513.35 $1,011.48 $50187 $581.96 -14% ($8909) ;..,,.,, S SpF Siau4"�n4?.T''4T ,.. , ;xik ?$ . mu. Employee Only $402.28 $39022 .07 $58966 $850.34 $711.50 $1,011.48 1.96 -48% 4280 69) 18 BEC Recommendation 97/80/60 Scenario (91/80/60 Retirees) 20-10 Non-tvieticate Elbgittle Rethee POS/Plus Pr 0 PPO Rates and 19 December 10, 2013 ,. ; 001+1468 . ..%,. ,.�. X4,:.,.:: 'PM4a,.` .., Retiree Only $724.66 $505.19 121947 14906 347% $170.41 Retiree 8 Child $1050.76 670504 5345.72 $14180 144% $20392 ranee 8 Children $1,485.58 $97152 $51404 $39532 30% $116.72 rues, Spouse $1,688.46 $948.20 $740.26 $406.72 82% 1333.54 Earn. $218123 61,250.20 1931.03 $640.37 05% 1290.86 Pro)er4W1615 R4WseQWetrtl6RSP4uPIM:Ra . (18.'A0A&00001Mdpp84M) Ch.4p. YMuS014P05 Rebs$$26M$E0011tlmtl6N7 iarl cast Rabe• Co0p16rbn .5014PORM5m 45004)6 ReN 000051551. C505150501111lW 2014405 Retiree Only $63998 $50519 $13480 14906 175% 18574 Retiree 8 Chad $927.98 $705.04 122293 $14180 57% 181.13 611.00 8 Children $1,31197 $97152 $34045 $39532 -14% (554 87) Retiree a Spouse $1,491.18 $948.20 $54296 $408.72 33% $138.24 Fern $1,928.35 $1,250.20 $676.15 $640.37 6% 63578 T iP3r spa 4%�4is�v��y`ib/fin. - .mraft odp2'"trr.. ' dden "26. amtafa 1 : •.M4rrtr NS, a"� dra �,� `Fr�Q1 i i Retiree Onlyp $555.15 $505.19 $49 S. $4906 2% $0.90 Retiree&Child 5304.97 $705.04 $9993 $141.80 -30% ($4187) Retiree Children $1,13806 $97152 $166.55 $39532 -58% ($228.77) Retiree &Spouse 51.293 50 $948.20 $345.30 $406.72 -15% ($61.42) Family 51.671 01 51250.20 $420.80 6640.37 -34% ($219.57) 19 December 10, 2013 -86 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) BEC Recommendation 97/80/60 Scenario Acir,e Cost Impact • The below charts illustrate the combined monthly employee contribution plus expected out-of-pocket costs based on utilization and cost assumptions • Active employees are roughly 40% low, 45% moderate, 15% high utilizers, based on 2012 Optima report • Utilization scenarios are illustrative, actual utilization varies greatly among individuals 518,000 8 $16,000 ! 515,000 $10,000 58,050 $6,000 t 5a.000 g s2000 So Active Employee Annual Cosl Employee Only Fitfully UVI'aeon Moderato High a Status Quo POS • Buy -UP ,CO Buy Up Plus PPO W Buy -Up PPO (with NSA, • Considerations — Low utilizers benefit from reduced monthly contributions of lower cost plans — Employee Only high utilizers see large percentage cost increase under buy -up option — Families see smallest percentage increase in monthly contribution due to elimination of Employee + Child subsidy 20 Active Utilization and Cost Assumptions 'yl0acati Lvw.. Moderate Preventive Care Visit PCP ts Spec aletVisil Emergency Room Visit Urgent Care Visit Rx Prescription Retail Generic Rx Prescripton- Retail Preferred Brand Rx Prescription -Mail Generic Ric Prescription • Mall Preferred Brand nal Sl.( days) omp• atientmocadere MRI (Outpatient) x -Ray 12 Servbe Gal Moderate Huls Preventive Care Visil PCP Visits Specialist Visit Emergency Room Visit Urgent Care Visit Prescription -Retail Generic Ry Prescription -Retail Preferred Prescription -Mail Generic Brand Bra.Honpatient spital Slay (5 days) Procedure MRo(O patient/ 2 Ray Preventive.. Visit PCP Visits Specialist Visit Ernergen0Y Room V. Urgent FixPrescription Retail Generic 00re VI. Prescription sit Preferred Brand RxPrescription -Mall Generic Rx Prescription -Mail Preferred ,and inpatUnt Hospital Stay (5 days) Outatient RI (outpatient, )(Ra OVVirginiia Bea. average provided by 553 5102 5276 51 250 5150 E. 5266 526 5100 515 380 5599 5523 550 Employee 00y Utilization Classification Lay.loran 51.000 allowed charges in .12 Moderate. 51.000 -52500 allowed charges in 2012 High Greater than 52500 allow. charges in 2012 December 10, 2013 -87 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) BEC Recommendation 97/80/60 Scenario (91/80/60 Retirees) Nu- Modica:a Retiree Cost Impact • The below chart illustrates the combined monthly retiree contribution plus expected out-of-pocket costs based on utilization and cost assumptions • Retirees are roughly 25% low, 508/4 moderate, 25% high utilizers, based on 2012 Optima report • Utilization scenarios are illustrative, actual utilization varies greatly among individuals Non -Medicare Retiree Annual Cost (25+MOS) Retiree Only 0 - 518,000 8 516,000 E $14,000 ---. a $12,000 iS10,000 ---. 58000 • 56000 >: E 54,020 $2,000 50 low Moderate High Low Mk bon amity eStatusOnsi SOS BuyMe Mus *PPO w]142n197780760) • 22 Non -Medicare Retiree Utilization and Cost Assumptions s.rvkcl6pay lar MdawaN wan Preventive care Van PCP Visits Specialist VisoEMENg 12 RVisit Urgent Care Visit Rx Prescription -Retail Generic Ra Prescription -Retail Preferred Brand Rx Prescription - hilail Generic Rx Prescription - Mailerred Brand Inpatient Hospital Stay0 Outpatient Procedure MRI (Outpatient)3111) keEatmay:.. Preventive Care Visit PCP Voits Specialist Visit Emerg y Rao sit Urgent Cae Visit Rx Prescription - Retail Generic Prescription -Retail Rx Prescription -Mail Generic Bra. Rx Prescription • Meil erred Brand Hospital Stay (5 days) Outpatient Procedure MRI (Outpatient) X -Ray Preventive Care Visit PCP Visits Specialist Visit Emergency Urgent Care Visit a RxPrescription- Retail Generic Rx Prescription -ail Prelerred Brand Rx Prescription- Mail Gent; Rx Prescription -Mail Bra. inpatient Hospital Stay (5 clays) Outpatient Procedure MRI (Outpatient) ,X -Ray • Op�timaimealmm luei°ap idea dr sten E226 Et 250 E150 529 E2560 Sle0 515300 5570 55]3 $50 teeUtilization ssiflcatlon an E� 000 allowed charges in 2012 Moderate : Et6000- 57.500 allowed charges In 2012 High. Greater than $7.550 allowed charges in 2012 23 December 10, 2013 -88 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) Enrollment Summary No,r?G1 r'S: n-rpil POS PIAn Tier _ars plo�•eetfe°tree Employee!Rstirea Child Act, COBRA Re,t,rae Total._ 7,695 1,134 8,829 2,729 139 2,868 Employee?Retiroe & Chiidron 620 16 636 Lni picyee!Rotiree? Spouso 1,073 232 1,305 Em I&O&&Rutiree 8 r-_ milt' 1,261 79. 1,340 Total _... ::.... 13,378 ...... 1,600...__ 14,978__. 24 2015 Status Quo Projection Assrrnctions • Status quo 2015 projection based on experience update with data through September 2013 • Assumes 8% claims trend, 5% administrative and stop -loss increase • Assumes same enrollment as 2014 projection — September 2013 enrollment plus an additional 610 assumed to enroll in 2014 due to individual mandate, per prior analysis • Assumes pharmacy copays apply toward out-of-pocket maximum to comply with healthcare reform requirements • Includes $4.0 million GASB funding and $1.6 million additional administrative expenses 25 December 10, 2013 -89 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING HEALTH CARE ITEM #63377(Continued) Important Notice with Respect to Projections Contained in this Document All projections are based on the information and data available ata point in time and the projections are not a guarantee of results which might be achieved. The projections are subject to unforeseen and random events and so must be interpreted as having a potentially wide range of variability from the estimates. The information contained in this document and in any attachments is not intended by Mercer to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or imposed by any legislative body on the taxpayer or plan sponsor. 20 M ERCER The Joint City Council/School Board Adjourned at 4:32 P.M. December 10, 2013 -90 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 10, 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, December 10, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin INVOCATION: Evangelist Antonio Carnota PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. December 10, 2013 -91 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED 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. December 10, 2013 Item -VI-E CERTIFICATION -92- ITEM #63378 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 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 #633 76 Page 74, 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' City Clerk raser, MMC December 10, 2013 Item -VI -F.1 MINUTES -93- ITEM #63379 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 3, 2013. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Council Members Abstaining: William R. "Bill" DeSteph December 10, 2013 -94 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63380 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 10, 2013 -95 - Item -VI-H.1 MAYOR'S PRESENTATION ITEM #63381 2013 "Holiday Lights" Student Design Competition Mayor Sessoms introduced Bobby Melatti, Director — Beach Events. Mr. Melatti stated this competition has created new stakeholders in Arts, Education and the City. These collaborative efforts instill a very real sense of pride for students and their schools and underscore the hard work of teachers and administrators. This is a true "win/win ". Mr. Melatti and Mayor Sessoms presented a Certificate of Excellence for 1st Place Holiday Lights Design in the 2013 Competition to: Kathleen Viloria — Salem High School December 10, 2013 ceaw//,anee 1 ST PLACE HOLIDAY LIGHTS DESIGN COMPETITION 2013 THIS CERTIFICATE IS AWARDED TO Raeeee' Teeea 0 F SALEM HIGH SCHOOL ',11Von/aki'd S)akial 20,6 at ge M WILL SESSOMS, MAYOR MIKE EASON, RESORT ADMINISTRATOR -96 - Item -VI -H.2 MAYOR'S PRESENTATION ITEM #63382 AMERICAN PUBLIC WORKS ASSOCIATION NATIOANL ACCREDITATION AWARD Philip A. Davenport, Director — Public Works Mayor Sessoms introduced Diane M. Linderman, Past President of the American Public Works Association. Ms. Linderman expressed her appreciation to City Council in allowing her the honor of presenting the Virginia Beach Public Works Department award of full accreditation by the American Public Works Association. The Association knows the fine work Virginia Beach has done over the years and what they continue to do in this City. The accreditation program began in 1985 and Virginia Beach Public Works Department began self-assessment in 2009 with the site visit in November 2013. The City received accreditation on December 5, 2013. The City is the 88"' Public Works Department in the Country to earn accreditation and the 6"' in the Commonwealth of Virginia. Mayor Sessoms congratulated Phil Davenport and the entire Public Works Department for a job well done and expressed appreciation for all of their hard work on a day-to-day basis. December 10, 2013 -97 - Item -VI -H.3 MAYOR'S PRESENTATION ITEM #63383 RESOLUTION — S0TH ANNIVERSARY OF THE CITY OF VIRGINIA BEACH Mayor Sessoms read a Resolution in celebration of Fifty Years the City has been setting the standard, exemplifying excellence with strategic economic development from agriculture to industry and providing her citizens, including the vast military presence, to be the "best city in the world". Mayor Sessoms presented the Resolution to Ruth Hodges Fraser, MMC, City Clerk. December 10, 2013 RESOLUTION WHEREAS: The English Colonists landed on what is now known as "Cape Henry", making Virginia Beach truly the "Landmark Of Our Nation's Beginning" on April 26, 1607. The Colonists moved westward to what is now known as "Jamestown" to avoid exposure to possible attack by the Spanish as their war ships were very close in the Atlantic Ocean; WHEREAS: from 1607 to 1625, an estimated 7,549 persons arrived in the Virginia Colony. Adam Thoroughgood came to Virginia in 1621 and settled on the western bank of the Lynnhaven River. Princess Anne County was formed in 1691 from the lower Norfolk County. The Town of Virginia Beach was created by the Virginia General Assembly in 1906; WHEREAS: The City of Norfolk grew by a series of annexations that began in 1887. In 1959, Norfolk annexed thirteen and one-half square miles of Princess Anne County. City and Town leaders proposed a five-year Moratorium on annexation against Princess Anne County and agreed not to lobby in the Virginia General Assembly for any change in the state annexation laws. A Consolidation Study Committee" was established to work closely with their political allies to persuade others to join them in creating a "city of the first class" which would be named the "City of Virginia Beach ". With consensus the Merger Executive Committee, City Council and the Princess Anne County Board of Supervisors divided the city into seven [7] Boroughs, representing the County Board of Supervisors, and four At -Large, representing the Town Council membership, totaling eleven [11] members to be elected every two years in the even years and the term of office would be four [4] years for each. County and Town leaders set forth the mechanism to create legislation in the Virginia General Assembly to halt those mergers and consolidate the Town of Virginia Beach and Princess Anne County into one "city ". Their lobbying efforts were unsuccessful, resulting in no modification to the Virginia Annexation law. County and Town leaders then proposed a 5 -year Moratorium at a Norfolk City Council meeting; WHEREAS: The Virginia General Assembly acted in 1962 to provide for the City of Virginia Beach to be created, effective January 1, 1963. The new municipality would be governed by the Council -Manager form of government, originally established in Staunton, Virginia. The City Council would be the governing and policy- making body with a City Manager who would administer all departments created then and in the future. There would be City Council appointive officials: City Manager, City Attorney, City Clerk, City Assessor and High Constable who would serve "at the pleasure of the governing body ". The Mayor would be the officiating Member of City Council; however, all Members would have equal voting power; WHEREAS: Many legislative and administrative changes have been approved over the years. This "resort city" became so popular, population grew until Virginia Beach became the largest city in the Commonwealth of Virginia; and, WHEREAS: Although Virginia Beach was `found' more than four hundred years ago, the City now celebrates FIFTY YEARS of setting the standard, exemplifying excellence with strategic economic development from agriculture to industry and providing her citizens, including the vast military presence, to be the "best city in the world". Given under our hands and seals this Tenth day of December, Two Thousand Thirteen: Counc Councilman Robert '. "Bob" Dyer Counci L du Barbara J ley n5okn D. Moss mune d Lady pr. Amelia N Ross -Hammond ibnan John E Wirin Cou• ilLa6y Ros' 4 Wilson Cou/ nlames L. Wood Viae ayorLouisR ones Mayor William D. 'Will" Sessoms -98 - Item -VI-LI PUBLIC HEARING ITEM #63384 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTION — The Victors There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 10, 2013 -99 - Item -VI -I.2 PUBLIC HEARING ITEM #63385 Mayor Sessoms DECLARED A PUBLIC HEARING: AMENDMENT OF FY2014 OPERATING BUDGET FOR SCHOOL OPERATIONS Appropriate Reversion funding There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 10, 2013 Item —VI -J ORDINANCES/RESOLUTIONS -100- ITEM #63386 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1, 2 -ALTERNATE VERSION (DeSteph Verbal NAY), 4, 5, 6, 7, 8 - ALTERNATE VERSION (Moss Verbal NAY) and 9a/b/c of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 Item -VI -J.1 ORDINANCES/RESOLUTIONS -101- ITEM #63387 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE "The Victors" as being EXEMPT from local property taxation Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE TO DESIGNATE THE VICTORS AS 2 BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to The Victors. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 13 Victors, as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That real and personal property owned by The Victors located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Victors for exclusively charitable 23 purposes; 24 25 (b) that each July 1, The Victors shall file with the Commissioner of the Revenue 26 a copy of its most recent federal income tax return, or if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2017, The Victors shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that The Victors cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of December 2013. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of thel'Cevenue CA12849 R-1 November 25, 2013 2 APPROVED AS TO LEGAL SUFFICIENCY: Item -VI -J.2 ORDINANCES/RESOLUTIONS -102- ITEM #63388 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, ALTERNATE VERSION Resolution to SUPPORT the "first day introduction" requirement for General Assembly Bills that create local fiscal impacts Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES, COUNCILMEMBERS DAVIS, DYER, HENLEY, MOSS, ROSS-HAMMOND, UHRIN, WILSON AND WOOD 1 A RESOLUTION TO SUPPORT FIRST DAY 2 INTRODUCTION REQUIREMENT FOR GENERAL 3 ASSEMBLY BILLS THAT WILL CREATE LOCAL FISCAL 4 IMPACTS 5 6 WHEREAS, the City of Virginia Beach as well as many local governing bodies in 7 Virginia have an ever-growing concern about the impact on localities of state mandates 8 and cost shifting; and 9 10 WHEREAS, Section 30-19.03 of the Code of Virginia states that the Commission 11 on Local Government shall prepare and publish a statement of fiscal impact for "any bill 12 requiring a net additional expenditure by any county, city, or town, or ... any bill 13 requiring a net reduction of revenues by any county, city, or town, is filed during any 14 session of the General Assembly"; and 15 16 WHEREAS, numerous bills fitting this criteria have been submitted and gone 17 through the legislative process without review for local fiscal impacts due to limited time 18 and resources to review these bills during the General Assembly session; and 19 20 WHEREAS, it is also recognized that a need exists for additional time and 21 resources to provide such information during the tight procedural confines of the current 22 legislative process; and 23 24 WHEREAS, we believe it is critical that lawmakers have better and timelier 25 information on the fiscal impact to localities when they consider bills and budget items; 26 and 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City of Virginia Beach City Council hereby requests that the General 32 Assembly support measures that require its members to file bills with local fiscal 33 impacts as early as possible, and no later than the first day of session. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of December , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a Budget and Management Seices CA12853/R-2/December 10, 2013 City Attorney's Offcce� Item -VI -J.3 ORDINANCES/RESOLUTIONS -103- ITEM #63389 The following registered to speak: Katy Arris -Wilson, 3900 Old Shell Road, Phone: (757) 679-5954, President - TIDE Swimming, spoke in SUPPORT. Mrs. Arris -Wilson is a long time Virginia Beach resident and swimming played a huge role in her life; however, she had to drive to Norfolk twice a day for practices. Virginia Beach is the largest city in the Commonwealth but has no Olympic size pool. Johnny Johnson, 981 Little Neck Road, Phone: 757-481-1300, spoke in SUPPORT. Mr. Johnson's grandchildren swim for the TIDE and he feels the City needs an Olympic size pool. Ben Bvenuto, Couple Court @ Heron Ridge, (757) 435-6525, spoke in OPPOSITION. Mr. Bvenuto advised the YMCA is not a "non-profit" as their tax return assets have gone up $6 -MILLION each year. The YMCA promised Norfolk City Council a "world class daycare facility" and did not deliver. Jerry Donnelly, 2108 Pleasant Acres Court, Phone: (757) 342-6017, spoke in OPPOSITION. Mr. Donnelly has lived here 12 years and is getting ready to open his 3rd health care business in the City. Mr. Donnelly would like to have the opportunity to place a bid on this project. Padraick Donnelly, 2677 Christopher Farms, Phone: (757) 342-3134, spoke in OPPOSITION. Mr. Donnelly advised the YMCA builds upscale health clubs with very little related to charitable causes. Mr. Donnelly would like to have the opportunity to place a bid on this project. Marc Freitag, 2105 Sawmill Court, Phone: (757) 343-8988), spoke in OPPOSITION. Mr. Freitag operates OneLife Fitness and their management team operates several indoor pools locally. The City should hold the YMCA to their commitment or open the project up for others to bid. Billy George, CEO of South Hampton Roads YMCA for past 15 months, spoke in SUPPORT. The YMCA is a non-profit organization that focuses on the character of youth, social responsibility and healthy living. The costs to construct an Olympic size pool is $1.55 -MILLION. December 10, 2013 Item -VI -J.3 ORDINANCES/RESOLUTIONS -104- ITEM #63389(Continued) Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council ADOPTED, Ordinance to AUTHORIZE the City Manager to EXECUTE a second modification to the Term Sheet between the City and YMCA of South Hampton Roads to REMOVE the requirement for covering the pool and EXTEND the start date of construction to June 1, 2014 Voting: 7-3 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr. and James L. Wood Council Members Voting Nay: Glenn R. Davis John D. Moss Rosemary Wilson Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE AUTHORIZING A SECOND 2 MODIFICATION TO THE TERM SHEET BETWEEN 3 THE CITY OF VIRGINIA BEACH AND YMCA OF 4 SOUTH HAMPTON ROADS 5 6 WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land 7 containing approximately 10.35 acres located at the intersection of Dam Neck Road and 8 Landstown Road (GPIN 1484-79-2434 and 1484-79-2884) (the "Property"); 9 10 WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and 11 operate a community facility offering recreational and educational programs to serve the 12 community, including a 40,000 - 45,000 sq. ft. facility and a 50 -meter competition pool 13 on the Property (the "Project"); 14 15 WHEREAS, the City and the YMCA came to a shared understanding regarding 16 each party's obligations and responsibilities in connection with the Project, which are set 17 forth in a Term Sheet dated June 1, 2011 (the "Term Sheet"); 18 19 WHEREAS, on June 14, 2011, City Council approved the Term Sheet by 20 Ordinance ORD -3183F. The Term Sheet required that construction of the Project start 21 on or before December 1, 2012; 22 23 WHEREAS, on November 27, 2012, the City Council approved a 6 -month 24 extension of time to commence construction of the Project from December 1, 2012 to 25 June 1, 2013; 26 27 WHEREAS, the YMCA and City staff negotiated a modification of the Term Sheet 28 to remove the requirement for an architectural membrane covering the 50 -meter 29 competition pool, and to extend the date to commence construction to June 1, 2014. 30 No other modifications to the Term Sheet have been requested by either party. 31 32 WHEREAS, the City Council is of the opinion that modifying the Term Sheet will 33 allow the Project to move forward. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a second modification to 39 the Term Sheet between the City of Virginia Beach and the YMCA of South Hampton 40 Roads, on terms and conditions as set forth in the Summary of Terms, attached hereto 41 as Exhibit A, and made a part hereof, and such other terms, conditions and 42 modifications deemed necessary and sufficient to the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 10th 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 December , 2013. APPROVED AS TO LEGAL APPROVED AS 0 ONTENT SUFFICIENCY City Attorney CA12764 V\vbgov.comVDFS 1 AApplicationsVCitylawProdAcycom32\ Wpdocs'D013\P017A00046576.DOC R-1 December 4, 2013 Dept. & Recreation EXHIBIT A SUMMARY OF TERMS An Ordinance Authorizing a Second Modification to the Term Sheet Between the City of Virginia Beach and YMCA of South Hampton Roads PROPERTY OWNER: City of Virginia Beach (the "City") DEVELOPER: YMCA of South Hampton Roads ("YMCA") PROPERTY: 10.35 acres of City -owned land located at the intersection of Dam Neck Road and Landstown Road (GPINs: 1484-79-2434 and 1484- 79-2884) EXISTING TERMS: • City to dedicate a portion of the Property to the YMCA "as -is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include a 40,000 - 45,000 sq. ft. community facility, and a 50 -meter outdoor competition pool covered by an architectural membrane. • Project design and construction to be consistent with the Princess Anne commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before June 1, 2013. TERMS TO BE MODIFIED: • Extend start date for construction of the Project to June 1, 2014. • Project to include a 40,000 - 45,000 sq. ft. community facility, and a 50 -meter outdoor competition pool, without being covered by an architectural membrane at this time. • All other terms, conditions and obligations set forth in the Term Sheet dated June 1, 2011 remain unchanged. Item -VI -J.4 ORDINANCES/RESOLUTIONS -105- ITEM #63390 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE City -owned property at Princess Anne Road and South Independence Boulevard as EXCESS and AUTHORIZE the City Manager to EXECUTE conveyance of same to Smith/Packett Med-Com, LLC Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT THE NORTHWEST CORNER OF 3 PRINCESS ANNE RD. AND S. INDEPENDENCE 4 BLVD. TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO SMITH/PACKETT MED -COM, 7 LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located at the Northwest corner of Princess Anne Road and S. 11 Independence Blvd. (GPIN 1485-16-9065) (the "Property"), more particularly described 12 on Exhibit "A" attached hereto; 13 14 WHEREAS, the City acquired the Property to develop a planned future 15 interchange, which has since been deleted from the Master Transportation Plan; 16 17 WHEREAS, Smith/Packett Med-Com, LLC ("Smith/Packett") approached the City 18 with an offer to purchase the Property and construct a one hundred eighty (180) unit 19 combination Independent Living and Assisted Living facility on the Property; 20 21 WHEREAS, the City Council is of the opinion that the Property is in excess of the 22 needs of the City of Virginia Beach; and 23 24 WHEREAS, the City Council has determined that Smith/Packett's intended use is 25 an appropriate use for the Property. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Property is hereby declared to be in excess of the needs of the City of 31 Virginia Beach and that the City Manager is hereby authorized to execute any 32 documents necessary to convey the Property to Smith/Packett, in accordance with the 33 Summary of Terms attached hereto as Exhibit "B", and such other terms, conditions or 34 modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 This ordinance shall be effective from the date of its adoption. 38 10th 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of December , 2013. APPROVED AS TO CONTENT ash C, ccsr� Works/Real Estate CA12748 \\vbgov.com\DFS I \ Applications \CityLawProd\cycom32\ Wpdocs\D004\POI6\00090703.DOC R-1 11/26/2013 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic EXHIBIT A ALL THAT certain tract, piece or parcel of land, together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "CITY OF VIRGINIA BEACH D.B. 2242 PG. 1585 M.B. 163 PG. 17 GPIN 1485-16-9065 GREEN RUN P.U.D. SUBDIVISION SECTION E-3, PART 5, PARCEL E-3", as shown on that plat entitled "PLAT SHOWING PROPERTY BOUNDARY AND RIGHT OF WAY AND EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA BEACH GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN 1485-16-9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA", prepared by Patton Harris Rust & Associates, Inc. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, on 9/10/2012 as Instrument Number 20120910001036850, reference to which plat is hereby made for a more particular description of said property. LESS AND EXCEPT all areas of right-of-way as shown or established on the above -referenced plat. RESERVING to the Grantor all utility and drainage easements shown or established on the above -referenced plat. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed of Green Run Corp. of Virginia Beach, dated January 7, 1983, duly recorded in the aforesaid Clerk's Office in Deed Book 2242, at page 1585. GPIN 1485-16-9065 EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT PRINCESS ANNE ROAD AND S. INDEPENDENCE BOULEVARD SELLER: City of Virginia Beach PURCHASER: Smith/Packett Med-Com, LLC PROPERTY: Approximately 3.98 acres of property located at the northwest corner of Princess Anne Road and S. Independence Blvd. GPIN: 1485-16-9065, as more particularly described on Exhibit A to the Ordinance. PURCHASE PRICE: $1,900,000 PURCHASER'S OBLIGATIONS PRIOR TO CLOSING: • Obtain modification of the current conditional rezoning. Obtain a conditional use permit for the intended use. Submit a site plan for review and approval by the Planning Department. EASEMENTS TO BE RESERVED: All utility and drainage easements shown on the plat entitled: "PLAT SHOWING PROPERTY BOUNDARY AND RIGHT OF WAY AND EASEMENT ESTABLISHMENTS BY THE CITY OF VIRGINIA BEACH GREEN RUN PUD, SECTION E-3, PART 5, PARCEL E-3 GPIN 1485-16- 9065 (CIP 3-368) VIRGINIA BEACH, VIRGINIA". Any additional easements identified by City staff during site plan review. LOCATION MAP EXCESS CITY OWNED PROPERTY PRINCESS ANNE ROAD & S. INDEPENDENCE BLVD. G P I N 1485-16-9065 Prepared by P.W./Eng./Eng. Support Services Bureau 8/24/06 1A*0) X:\Projects\ARC Files\Agenda Maps\PA -S. Independence Item -VI -J.5 ORDINANCES/RESOLUTIONS -106- ITEM #63391 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for compliance re closing a portion of Woodland Street for Columbus Station Associates, LLC Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 WOODLAND STREET EAST OF CONSTITUTION 5 DRIVE 6 7 WHEREAS, on December 11, 2012, City Council acted upon the 8 application of Columbus Station Associates, LLC (the "Applicant") for the closure of an 9 18,964 sq. ft. portion of Woodland Street east of Constitution Drive, as shown on Exhibit 10 A attached hereto; 11 12 WHEREAS, on December 11, 2012, City Council adopted an Ordinance 13 (ORD-3262BB) to close the aforesaid right-of-way, subject to certain conditions being 14 met on or before December 10, 2013; and 15 16 WHEREAS, on November 21, 2013, the Applicant requested a six-month 17 extension of time to satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on December 11, 2012 (ORD-3262BB), upon application of Columbus Station 24 Associates, LLC, is extended to June 10, 2014. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 10th day of December , 2013. 28 29 Portion of GPIN: 1477-63-3546 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12763 \\vbgov.com\DFS 1 Applications\CityLawProd\cycom32\Wpdocs\D012\P016\00060960. DOC R-1 November 26, 2013 APPROVED AS TO CONTENT: 0 D r m rn 0 37V3S CURVE DATA CHART NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH C1 34.25' 527.96' 03'42'59" 17.13' N 15'05'44" W 34.24' (9 •6d LIZ '8"W) (M/N WOW 378VI8VA) 34110 ppuMuSNO0 a�a4a a a 444444 ONUSIX3 a rn a5 kZ Dp rnrIto Do 0 r0to 0010 Zr DpOc 0a ti RA a Pi 412.84' S 074'57' E 1 N3H3SV3 30 VN/VSG ,OZ ONLLS/X3 r W VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN) r r c w m 250.00' >>• NOW OR FORMERLY COUABUS STATION ASSOCIATES LTD. D. B.2706 PG. 1142 (PLAT) GPIN 1477-63-7693 (TOTAL) EXHIBIT A N CI' m Po O O 00 (0 W (1r O (J1 m 9) N m 0 O 0 N D C) m Item -VI -J.6 ORDINANCES/RESOLUTIONS -107- ITEM #63392 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $2,910,000 from the General Fund to the Virginia Beach Development Authority (VBDA) to provide a loan to Vanguard Landing re a mixed use facility for persons with intellectual disabilities DISTRICT 7 — PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE TO APPROPRIATE $2,910,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO THE CITY OF 3 VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 WHEREAS, the City Council has been briefed regarding a proposed partnership 6 between the City of Virginia Beach Development Authority (the "Authority") and Vanguard 7 Landing, Inc., a Virginia non-profit corporation; and 8 9 WHEREAS, the City's participation requires funds to be appropriated to the 10 Authority; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $2,910,000 is hereby appropriated from the fund balance of the General Fund 16 to the City of Virginia Beach Development Authority (the "Authority") to allow the Authority 17 to loan funds to Vanguard Landing, Inc., a Virginia non-profit corporation, in furtherance of 18 a project that provides residential and employment opportunities for persons with 19 intellectual difficulties. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of December ,2013 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J Budget and Management Servic-s City At CA12850 R-1 November 25, 2013 SUMMARY OF TERMS AUTHORITY LOAN TO VANGUARD LANDING, INC. Lender: The City of Virginia Beach Development Authority ("Authority") Borrower: Vanguard Landing, Inc., a Virginia non-profit corporation Loan Amount: Not to exceed $2,910,000 Term: Fifteen (15) years Interest Rate: 0% Use of Funds: Borrower to use the funds to (i) purchase four (4) parcels of real property (totaling 75.54 acres) located off Princess Anne Road (GPINs: 2413-19-9845, 2413-19-1792, 2413-19-6111 and 2413-09- 8432) (collectively, the "Property"), and (ii) pay any rollback real estate taxes assessed against the Property as a result of the Borrower's acquisition or use thereof, and for no other purpose. The Property is to be developed with mixed-use residential, recreational and commercial facilities, for persons with intellectual disabilities (the "Project") Security: Borrower to grant the Authority a first priority deed of trust encumbering the Property to secure repayment of the full amount of the purchase price of the Property, and will restrict uses to those generally contemplated by the Project. Repayment Terms: The loan will be repaid on a twenty-five year amortization schedule with payments commencing at the beginning of year eight (8) and a final balloon payment due at the end of fifteen (15) years. Borrower to repay only the purchase price of the Property and not the amount attributed to rollback taxes. Special Terms: All sums will be immediately due and payable if (i) no residential buildings are complete (as evidenced by a certificate of occupancy) within five (5) years from the date of the loan, or (ii) Borrower fails to apply for and diligently pursue all necessary licenses and permits for the operation of the Project, or (iii) the Property is not used in a manner consistent with the proposed Project. The Authority will not make the loan unless and until City Council appropriates the Loan Amount to the Authority for the purposes stated herein. GPINs: 1) 2413-19-9845 2) 2413-19-1792 3) 2413-19-6111 4) 2413-09-8432 LOCATION MAP Item -VI -J.7 ORDINANCES/RESOLUTIONS -108- ITEM #63393 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of City -owned property for Ocean Sands Owners Association re patios and balconies at 2207 Atlantic Avenue DISTRICT 6 — BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). December 10, 2013 Item -VI -J.7 ORDINANCES/RESOLUTIONS -109- ITEM #63393(Continued) 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 9. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachments sealed by a registered professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachments are allowed to continue thereafter; and, may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 Tenth day of December, Two Thousand Thirteen December 10, 2013 Item -VI -J.7 ORDINANCES/RESOLUTIONS Voting: 10-0 Council Members Voting Aye: -110- ITEM #63393(Continued) Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY RIGHT-OF- 6 WAY KNOWN AS ATLANTIC 7 BOULEVARD (CITY GREENBELT), 8 LOCATED AT 2207 ATLANTIC AVENUE, 9 FOR OCEAN SANDS OWNERS 10 ASSOCIATION 11 12 WHEREAS, Ocean Sands Owners Association, a Virginia non -stock corporation, 13 desires to construct and maintain proposed 6'4" patios (stamped concrete) on the first 14 floor and 6' balconies (aluminum decking) on floors two through fourteen within the City 15 right-of-way known as Atlantic Boulevard, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Sands Owners 25 Association, its heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for proposed 6'4" patios (stamped concrete) on the 27 first floor and 6' balconies (aluminum decking) on floors two through fourteen, within the 28 City's right-of-way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" 29 SHOWING ENCROACHMENT ONTO CITY PROPERTY FOR PATIOS AND 30 BALCONIES FOR OCEAN SANDS OWNERS ASSOCIATION VIRGINIA BEACH, 31 VIRGINIA," a copy of which is on file in the Department of Public Works and to which 32 reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Ocean Sands Owners Association (the "Agreement"), which 37 is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Ocean Sands Owners Association and the City Manager or his authorized 44 designee execute the Agreement. 45 10th 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 Of December CA -12579 R-1 PREPARED: 11/25/13 , 2013. APPROVED AS TO CONTENTS PUBLIC WORKS, REAL ESTATEttl -so3 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA,..R 11ARMEYER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 2013, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEAN SANDS OWNERS ASSOCIATION, a Virginia non -stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 7-10", as shown on that certain plat entitled: "TOWN OF VIRGINIA BEACH SCALE: 200 FT. = 1 Inch April 1901, prepared by S. F. DAY, C.E. Granby Street Norfolk, Va.", and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 20B, and being further designated, known, and described as 2207 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain proposed 6'4" patios (stamped concrete) on the first floor and 6' balconies (aluminum decking) on floors two through fourteen collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2427-19-5147-0000; (2207 Atlantic Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Atlantic Boulevard, (City Greenbelt), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and are more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" SHOWING ENCROACHMENT ONTO CITY PROPERTY FOR PATIOS AND BALCONIES FOR OCEAN SANDS OWNERS ASSOCIATION, VIRGINIA BEACH, VIRGINIA," SCALE: 1" = 40' DATE 09/25/2013 SHEET 1 OF 1, prepared by SIA SITE IMPROVEMENT Civil Engineers, Surveyors & Site Contractors, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Grantee, Ocean Sands Owners Association, a Virginia non -stock corporation, has caused this Agreement to be 4 executed in its corporate name and on its behalf by Michele R. Colson, its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 OCEAN SANDS OWNERS ASSOCIATION, a Virginia non -stock corporation By P.A:aC. R. 6e-110-&-. (SEAL) Michele R. Colson, President STATE OF V nl�4 CITY/COUNTY O Vi Y InIGL 6toc h , to -wit: The foregoing instrument was acknowledged before me this 25 day of , 2013, by Michele R. Colson, as President of Ocean Sands Owners Association, a Virginia non -stock corporation. Notary Registration Number: r%3 3003 My Commission Expires: 1 at -14 APPROVED AS TO CONTENTS f IGNATURE \` `. ) ``- PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 Notary Public ``\0HIIIIII1/,,i MEN' S 1 .4*• Otdlq%FRpq'9/ Q. REGISTRATION NO. 4 7353005 MY COMM. EXPIRES' Z " 01/31/2014 • (SEAL) APPROVED AS TO LEGAL SUFFICIENCY AND FORM ER, ASSOC! E CITY ATTORNEY 0 co 0 0 0 0 1 5 op M 4) N 9- 0 0 0 N FIRM 515531-0024E (DATED: DEC. 5, 1996) 88 aU=U Ra 0 O z ir) 022 r oO a z 00 apo ae8 e Z a G U 6z�0 z a PLI1 yWU a(400 <oM Oa - CLW WOW OSL vV ±33N±S ONZZ 1- 0 M _OO.54Z9 S S 0 w dQ Z Z Z (~ZLu_ 0 Z 0 0 0 m 0 Z 1- X w 0 1- 0 J rn 0 0 O J N O J Z 0 0 SO,,z a Z5 M N 0 o- z, u.1±. O 1--§r_9gzo _ m =z - 2tn0N = W zF oz g� Ma A2II =Er i i 0LaCC 00 0 0 N W 0 0 ,OS'L 0 OS 1- 0 J ATLANTIC AVENUE (80' R/W) d U • 4 M Item -VI -J.8 ORDINANCES/RESOLUTIONS -111- ITEM #63394 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS REVISED, BY CONSENT, Resolution to AMEND and RE -ADOPT the October 2012 City/School Revenue Sharing Formula Policy re public-private partnerships requiring incentive payments re Net - New Tax Revenue Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin December 10, 2013 REQUESTED BY COUNCILMEMBER DAVIS 1 A RESOLUTION TO AMEND AND RE -ADOPT THE 2 CITY/SCHOOL REVENUE SHARING FORMULA 3 POLICY 4 5 WHEREAS, the City Council and the School Board adopted the most recent 6 version of the City/School Revenue Sharing Policy in October 2012; 7 8 WHEREAS, the City Council desires to clarify the intent of the current policy with 9 regard to its application to certain public-private partnerships that require incentive 10 payments that are keyed to net -new tax revenues; 11 12 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the attached amendment to the City Council and School Board Policy on 16 sharing revenues with the School System is hereby adopted and shall be used by the 17 City Manager in the proposed FY 2014-15 Operating Budget and beyond. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of December , 2013. APPROVED AS TO LEGAL SUFFICIENCY CA12856 R-1 December 5, 2013 City Council and School Board Policy Title: City/School Revenue Sharing Policy Alternative Version Index Number: Date of Adoption: October 23, 2012 Date of Revision: Page: 1 of 6 1. Purpose: 1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local tax revenues that are under the City Council's control rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City funding to the School directly to the State Standards of Quality ("SOQ") which periodically takes into account changes in student enrollment, true property value, adjusted gross income, taxable retail sales, and population. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools" refer to the Virginia Beach City Public Schools. 2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non -dedicated local taxes: real estate (less dedications such as the FY 2013 dedication for Schools and road construction, the Outdoor Initiative, the Agricultural Reserve Program, and the Recreation Centers); Personal Property; General Sales; Utility; Utility -Consumption; Virginia Telecommunications; Business License (BPOL); Cable Page 1 of 6 Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP); Hotel Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 2.4. "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; the FY 2013 dedications to Schools (4 cents of the real estate tax) and Transportation (2 cents of the real estate tax); taxes that represent "net -new revenues" and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program; Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used to support the BRAC project. A more complete discussion of such dedications is found at page 60 of the Executive Summary in the FY 2013 Budget and pages 1-39 and 1-40 of the FY 2013 Operating Budget. 2.5. "Net -new Revenues" as used in Section 2.4 means public-private partnership revenues generated by a project (or property) that exceed the Local Tax Revenues prior to the public-private partnership. 2.6. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.7. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.8. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report (CAFR). 2.9. "School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.10. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY 2013 real estate tax dedication. 2.11. "Required Local Match" refers to the City funding required by the SOQ. 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1. In October, Management Services will provide an estimate of local tax revenue for the upcoming fiscal year. Page 2 of 6 3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years, Management Services will deduct this amount from the projection of Local Tax Revenues and set it aside as the first step. 3.1.3. Discretionary Local Match calculation — The Discretionary Local Match has two components: the formula component and the FY 2013 four cent real estate dedication. 3.1.3.1. The formula component: Management Services will then allocate to Schools 32.37% of the remaining Local Tax Revenues. 3.1.3.2. The FY 2013 dedication component: In FY 2013 Operating Budget the City Council increased the real estate tax rate by four cents and dedicated it to the Schools' Operating Budget. This dedication amount will be added back to the Discretionary Local Match. This dedication shall exist until such time as the State restores funding for education to the average level provided from FY 2006 to FY 2012 of $350 million (net of School facility funds) The City Council has directed the City Manager to recommend, as a part of the City's Proposed Operating Budget, reductions in whole or in part to the four cents real estate dedication in an amount roughly equal to the increased State funding above $350 million (per annum) as reflected by a decrease in the local composite index below the current FY 2013 level of 0.4110. 3.1.4. The combination of the required local match and the discretionary local match shall comprise the funding for Schools pursuant to this Policy. 3.2 Final Estimate 3.2.1. In February, Management Services will provide a final estimate of the Local Tax Revenues. This will be the estimate included in the City's Proposed Operating Budget. 3.2.2. Required Local Match calculation - By February the final SOQ required local match should be known from the Virginia Department of Education and this figure will be used to set aside the first allocation of revenues. 3.2.3. Discretionary Local Match calculation - Management Services will then allocate to Schools the formula component (32.37% of the remaining estimated Local Tax Revenues) plus the FY 2013 dedication component (four cents of the real estate tax provided no adjustments are required). 3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise the total local funding of the Schools under the Revenue Sharing Formula. 3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in the City's Operating Budget. Page 3 of 6 4. Procedure to Request an Increase in the Discretionary Local Funding Match: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives. The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding; and 4) that the School Board supports an increase in the real estate tax (or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. If the City Council determines that additional funding is warranted to maintain the current level of City and Schools operations or to provide for additional initiatives, the City Council shall determine appropriate action. This action may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Actual Revenue Collections deviate from Budget Local Tax Revenues: 5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the amount of excess revenue will be allocated in the same manner as similar revenues were apportioned in the recently ended fiscal year. However, such excess revenues are subject to the City Council's General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance Reserve Policy, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds, discussed in Section 6.3, below. 5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General Page 4 of 6 Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a fund, such as the Athletic Fund, that are attributable to user fees or gate admissions. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year. This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund. See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt payment exceeds estimated debt payments, the amount of Schools reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments, the amount of Schools reversion funds will be increased by this difference. 6.3.4.The Schools' Budget Office will confer with Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098), including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4, 2003. 6.3.5.1. Upon receipt of the resolution, Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2. Following City Council's action Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Revision to the City/School Revenue Sharing Policy: 7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools operations, any use of "one-time" revenues, and any adjustments made to existing Page 5 of 6 revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and Superintendent will brief the City Council and School Board respectively. 7.2. City Council may revise this Policy in its discretion after consultation with the School Board. 7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until June 30th 2015 at which time it will be reviewed and considered for reauthorization. Approved: As to Content: As to Legal Sufficiency: Approved by School Board: Approved by City Council: Dr. Shelia Magula Date Interim School Superintendent James K. Spore City Manager Mark D. Stiles City Attorney Date Date Daniel D. Edwards Date School Board Chairman William D. Sessoms, Jr. Date Mayor Page 6 of 6 Item-VI-J.9a/b/c ORDINANCES/RESOLUTIONS -112- ITEM #63395 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS REVISED, BY CONSENT, Ordinance to APPROPRIATE $18,831,522 in School Reversion Funds: a. $2,655,978 for Elementary instructional and improvement initiatives, the Equity Affairs Office, bus and high mileage vehicle replacement, purchase of laptops and iPads and conversion of the old Kellam High School to the Princess Anne Middle School. b. $175,544 for purchase of athletic equipment c. $16,000,000 re anticipated operating budget shortfall, emergency expenditures and fiscal emergencies Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 1 AN ORDINANCE TO APPROPRIATE FY 2012- 2 13 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 19, 2013, the School Board adopted a resolution 5 requesting the City Council re -appropriate funds that lapsed and reverted at the end of 6 FY 2012-13; and 7 8 WHEREAS, the City Council held a public hearing to allow comment on this 9 ordinance because the amendment exceeds one percent of the FY2014 Operating 10 Budget; 11 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $18,831,522 is hereby appropriated from the fund balance of the General 16 Fund in the amounts and for the purposes set forth below: 17 18 1. $396,608 to the School Operating Fund, Instructional Category, to support the 19 elementary instructional and improvement initiatives; 20 2. $1,621,000 to the School Operating Fund, Transportation category, for school 21 bus replacement; 22 3. $600,000 to the School Operating Fund, Operations and Maintenance 23 category, for the old Kellam High School conversion to Princess Anne Middle 24 School and to replace high mileage maintenance vehicles. 25 4. $25,000 to the School Operating Fund, Administration category, to support the 26 Equity Affairs Office; 27 5. $13,370 to the School Operating Fund, Technology category, to purchase 28 laptop computers and 'Pads; 29 6. $175,544 to the School Athletic Special Revenue Fund to purchase athletic 30 equipment; and 31 7. $16,000,000 to the School Reserve Special Revenue Fund to address the 32 anticipated budget shortfall in FY 2014-15 and other unanticipated 33 emergencies. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of December , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: (),L6c- APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic-. City Attor CA12848 R-1 November 22, 2013 SACH CITY PUREIC AHAD OF THE CU School Board of the City of Virginia Beach 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.c omischaolboard Sheila S. Magula, Ed.D., Interim Superintendent KNOW ✓! V E Daniel D. "Dan" Edwards, Chairman District 2— Kempsville William J. "Bill" Brunke, IV, Vice -Chairman District 7— Princess Anne Beverly M. Anderson, At -Large Emma L "Em" Davis, District 5 — Lynnhaven Dorothy M. "Dottie" Holtz, At -Large Joel A. McDonald, District 3 — Rose Hall Robert N. "Bobby" Melatti, At -Large Samuel G. "Sam" Reid, District 6—Beach Elizabeth E. Taylor, At -Large Leonard C. Tengco, District 1— Centerville Carolyn D. Weems, District 4— Bayside RESOLUTION REGARDING FY 2012/13 REVERSION FUNDS WHEREAS, On September 17, 2013, the School Board was presented with a summary of the unaudited financial statement for FY 2012/13 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation are $18,831,522; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2014/15 is $10 million, including the appropriation of reversion funds into the Schools Special Revenue Fund shown below; and WHEREAS, the Administration recommends the following uses for the $18,831,522 available: • $396,608 to Fund 115, School Operating Fund Budget, Instruction Category, to support the elementary instructional and improvement initiatives, collaborative planning, Struggling Readers Program • $1,621,000 to Fund 115, School Operating Fund, Transportation Category, for school bus replacement (15 regular and 4 spec. ed.) • $330,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, for the old Kellam HS conversion to Princess Anne MS • $270,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, to replace old high mileage workhorse supply and maintenance vehicles • $175,544 to Fund 119, School Athletics Fund, for athletic equipment • $25,000 to Fund 115 School Operating Fund, Administration Category to support the Equity Affairs program • $13,370 to Fund 115 School Operating Fund, Technology Category, to purchase laptops and !Pads • $16,000,000 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1) anticipated Operating Budget FY 2014/15 revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, and (3) other fiscal emergencies; and NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2012/13 Reversion Funds as presented by the Administration and that $18,831,522 be placed in the various funds and categories listed above; and be it FURTHER RESOLVED: That the City Council appropriate the $18,831,522 to the various funds and categories specified in the bulleted list above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 19th day of November 2013 SEAL ATTEST: Dianne P. Alexander, Clerk of the Board "ifiot_oe erf4A41 Daniel D. Edwards, Chairman 1 AN ORDINANCE TO ESTABLISH THE SPECIAL 2 REVENUE FUND -SCHOOL RESERVE IN THE CITY'S 3 FY 2003-04 OPERATING BUDGET AND TO 4 APPROPRIATE $448,021 OF FY 2002-03 SCHOOL 5 REVERSION FUNDS TO THIS FUND 6 7 WHEREAS, on May 6, 2003 the School Board amended School Board 8 Policy # 3-28 concerning the establishment of a reserve fund; and 9 WHEREAS, on October 7, 2003 the School Board passed a 10 resolution requesting the appropriation of $448,021 in FY 2002-03 11 school reversion funds to a reserve fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, Virginia: 14 1. That a new fund, known as the "Special Revenue Fund - 15 School Reserve," is hereby established in the City's accounting 16 structure. 17 2. That $448,021 of FY 2002-03 school reversion funds is 18 hereby appropriated from the fund balance of the General Fund to 19 the Special Revenue Fund -School Reserve, with estimated revenues 20 increased accordingly. 21 3. That any expenditure of funds from the Special Revenue 22 Fund --School Reserve shall require a resolution approved by eight 23 members of the School Board, as described in School Board Policy # 24 3-28, "Revenue Fund," and shall also require a subsequent 25 appropriation by the City Council to the appropriate category of 26 the School Operating Budget or capital improvement project in the 27 Capital Budget. 28 4. That additions of funds to the Special Revenue Fund -School 29 Reserve or its fund balance shall require a resolution adopted b 30 the School Board and an appropriation ppropriation by the City Council. 31 32 Adoptedd by 33 Virginia on the the Council of of the City of Virginia Beach, day November 2003. CA -9037 Ordin/Noncode/Reserveord.wpd R6 - October 30, 2003 Ap•roved as to Approved as to Legal Sufficiency nagemen City Attorney's + fice Policy 3-28 - Special Reserve .inti Page 1 of 1 School Board of the City of Virginia Beath Policy 3-28 BUSINESS AND NONINSTRUCTIONAL OPERATIONS Reserve Fund A. Generally In order to be in a better positron to respond to (r) unexpected shortfalls in state or Federal funding, (u) emergency expenditures of a nonrecumng nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (cit) other fiscal emergencies, the board shall set aside a reserve for contingencies (hereinafter "Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the board's requirement for any expenditures to be made from the Fund B. Policy 1. The board may direct that funds from interest earned on the Reserve Fund balance, year-end reversions, actual -over-estimated revenues, the sale of excess school property, or other sources approved by the board and city council be used to supplement the Fund subject to the council's appropnation of these additional funds to the board for this purpose. 2. Any expenditure of funds In the Reserve Fund shall require a resolution adopted by eight school board members (two-thirds majonty of the members of the board) such resolution shall state the purpose(s) of the expenditure, and the total amount to be expended. 3. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by city council annually as part of the school operating budget, and any funds that the board desires to be added to the Fund dunng the fiscal year must also be appropnated by city council. Legal Reference' Code of Va . 8 22.1-88 Of what school funds to consist. Code of Va.. § 22.1-94 Aopropnations by county. city or town governing body for oubhc schools Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 http:/!10.90.85.47/Areas/P olicies/Section%203%20-%20Business%200perations/Article%20III%... 7/28/2003 Fact Sheet School Reserve Funds What is a Reserve Fund: Reserves for Contingencies are generally used within the City to provide funding for unanticipated expenditures. The reserves are backed through the annual appropriation of current revenue by the City Council in the budget process. The City's current reserve for contingencies policy allows the budgeting of 112%-1 % of general fund expenditures, but in reality only about $1.5 million is appropriated every year. A Fund. Balance is different than the reserve for contingencies. Fund balances are not appropriated on an annual basis, but accrue from year to year. Fund balance is backed by undesignated funds, and current Council policy requires the General Fund balance to be 75%-100% of the preceding year's debt service. The policy also restricts the use of fund balance to only one- time expenditures. What is Being Discussed: The School Board is proposing a School Reserve Fund. Based on conversations with School's staff, the School Reserve Fund is really a Fund Balance to be maintained at a level no greater that 2% of the previous year's School Operating Budget. The adoption of School Board Policy 3-28, "Reserve Fund" the School Board is desiring the ability to set aside up to 2% of the previous year's School Operating Budget into a fund balance. Currently, the School's operating fund is prohibited from maintaining a balance. How Could the Reserve be Built: The fund balance would be built primarily through the use of reversion funds. Reversion funds come from three sources. 1) Unspent appropriation at the end of the fiscal year. Unspent appropriation occurs through a number of ways, efficiency savings, vacancy savings, and lower equipment bids than anticipated. 2) Through better than anticipated revenue performance, revenue that was received over the estimated amount. 3) Through the "true up" at the end of the year, where the revenue sharing formula revenues are evaluated on an actualized basis, and any additional revenue over the estimated amount is provided to Schools. Current Council policy is to provide all of these funds back to Schools through the appropriation of reversion funds for expenditure within the new fiscal year. If City Council chooses to allow a fund balance, the School Board could request a portion of the reversion funds to be directed to the School Operating Fund Balance. How Could the Fund Be Used: The School Board Policy does not comment specifically on the uses, but specifies that the funds shall be maintained to respond to 1) unexpected shortfalls in state or federal funding, 2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, or 3) other fiscal emergencies. The policy also states that any expenditure of these funds will require a resolution, specifically stating the purpose and amount, adopted by eight school board members and then appropriated by City Council. Legal Issues: Currently the state law requires that all funds not expended by the Schools will be returned to the locality for re -appropriation as the governing body determines. In short, § 22.1-1001 states that the Schools must return unspent local funds to the City, however current policy provides for a full reversion of those funds back to schools. § 221-100 Unexpended school and educational funds — All sums of money denved from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which denved unless the Board of Education directs otherwise All sums derived from local funds unexpended in any year shall remain a part of the funds of the governing body appropnating the funds for use the next year, but Fact Sheet 1 School Reserve Fund Item -VI-K PLANNING -113- ITEM #63396 1. CAH HOLDINGS, LLC/LC REALTY, LLC CONDITIONAL USE PERMIT 2. TIDEWATER NFL FLAG, LLC, W. HEYWOOD CONDITIONAL USE PERMIT FRALIN AND KAREN H WALDRON 3. NVR, INC., d/b/a RYAN HOMES and MODIFICATION OF PROFFER MUNDENLAND, LLC 4. CAVALIER ASSOCIATES CHANGE OF ZONING SPECIAL EXCEPTION VARIANCE 5. HOME ASSOCIATES OF VIRGINIA, INC. CONDITIONAL CHANGE OF ZONING December 10, 2013 -114 - Item -VI-K PLANNING ITEM #63397 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2 and 5(INDEFINTE DEFERRAL) of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 -115 - Item -VI-K.1 PLANNING ITEM #63398 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road, DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAH HOLDINGS, LLC/LC REALTY, LLC for a Conditional Use Permit re an indoor automated car wash at 3565 Holland Road (portion of GPIN 1486633597) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. Unless modified by any condition below or as a result of development Site Plan review, when the property is developed, it shall be in substantial conformance with the exhibit entitled, "OVERALL PLAN OF AUTOBELL CAR WASH," prepared by MSA, P.C., dated 05/31/2013, which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of Building Plan Review, the design of the constructed building shall be in substantial conformance with the exhibit entitled, "Front Elevation (Holland Road) ", which was exhibited to the Planning Commission and is on file with the Planning Department. 3. The design and location of the freestanding monument sign along Holland Road shall meet all applicable Zoning regulations. A Plan showing design, placement, colors and details for the sign shall be submitted to the Department of Planning / Current Planning Division for review and approval by the Planning Director prior to obtaining any building permits. 4. No window signs or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 5. The subject parcel shall be legally subdivided and a plat shall be recorded with the City of Virginia Beach Clerk of the Circuit Court. 6. The existing landscape buffer adjacent to Holland Road is to remain. Any areas where the landscaping has deteriorated shall be replaced. A Landscaping Plan shall be submitted with the Development Site Plan to the City Staff Landscape Architect during the review process to determine if additional landscaping is required. December 10, 2013 -116 - Item -VI-K.1 PLANNING ITEM #63398(Continued) 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 Tenth day of December, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 -117 - Item -VI-K.2 PLANNING ITEM #63399 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRON for a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TIDEWATER NFL FLAG, LLC, W. HEYWOOD FRALIN and KAREN H. WALDRONfor a Conditional Use Permit re outdoor recreation for flag football at Shore Drive and First Court Road (GPIN 1479974820) DISTRICT 4 — BAYSIDE The following condition shall be required: 1. Vehicles shall not access the lawn area from First Court Road. No vehicles shall enter First Court Road from the lawn area. 2. A curb cut shall be installed along the existing curb of the drive -aisle located on GPIN 14798797400000. Said curb cut shall be a minimum of twenty-four (24) feet in width. 3. Use of the site for recreational activity shall cease at dusk. 4. The Applicant shall be permitted to display temporary signs in accordance with Section 211(b)1 of the City Zoning Ordinance. Said signage shall be allowed no more than thirty (30) days prior to the season and shall be removed within no more than seven (7) days after the season. No more than thirty-two (32) square feet of signage shall be allowed on this site. 5. Signs promoting sponsors may be installed during organized games. Said signage shall be oriented towards the interior of the lot and playing fields and shall be displayed only during the games. 6. The Applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department and Fire Department. 7. There shall be a minimum of one (1) individual at the site during all games and practices that is First Aid and CPR certified. 8. There shall be no light poles erected or noise amplification devices used in conjunction with this use. 9. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the Applicant, and shall be submitted to the Zoning Administrator prior to the commencement of the 2014 December 10, 2013 Season. Item -VI-K.2 -118- PLANNING ITEM #63399(Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 -119 - Item -VI-K.3 PLANNING ITEM #63400 The following individuals registered to speak: Edward Bourdon, Attorney for Applicant, Phone: (757) 499-8971 Mr. Bourdon advised City Council the letter received from Associated Development misrepresented the facts of this project and there has been no opposition up until this afternoon. Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council APPROVED, Ordinance upon Application of NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 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 NVR, INC. and MUNDEN LAND, LLC for Modification of Proffer No. 7 on a Conditional Change of Zoning (approved March 26, 2006) re exterior materials at 2076 Princess Anne Road (GPIN 2414206672) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of December, Two Thousand Thirteen December 10, 2013 -120 - Item -VI-K3 PLANNING ITEM #63400(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 -121- Item-VI-K.4a/b/c PLANNING ITEM #63401 The following individuals registered to speak: R.J. Nutter, Attorney for Applicant, Phone: (757) 687-7502 Mr. Nutter advised this project came as a concept to preserve the Cavalier Hotel and, fortunately for the City, is successful thus far. The project will create homes similar to the ones in the East Beach Community. The developer began the Community Outreach Program shortly after being selected by the Court and continues to work with surrounding Civic Leagues and residents. A website was created and has been up and running since October. This project will offer high quality, multifunctional homes with multigenerational uses. Some of the homes are priced in the $350,000 range. This project is a win/win for everyone involved. Joe DaBiero, 2809 Atlantic Avenue, Phone: (757) 428-5370, President of the Virginia Beach Hotel and Motel Association, expressed concern over the parking Brian Murden, 417 Goodspeed Road, Phone: (757) 428-3726, current President of the North End Civic League. The group agrees with the project and is pleased that after working with the developer the parking was increased and he agrees that this is a win/win for everyone. Fred Auckamp, 3928 oak Ridge Circle, Phone: (757) 425-7358, spoke in SUPPORT. Judge Auckamp had concerns regarding setbacks and easements but after meeting with Mr. Nutter and Mr. Frye, most of his concerns were addressed. Judge Auckamp stated the developer has done exactly what he said he would do and he is pleased thus far. Rob Nicholson, 104 43rd Street, Phone: (757) 621-1224, expressed concern regarding parking Bernice Pope, 214 44th Street, Phone: (757) 343-8666, President of Historic Cavalier Shores Civic League, stated the group supports the project but wants to ensure the neighbors are protected. Mrs. Pope would like a commitment from the developers to work with the Cavalier Advisory Committee. Vince Olivieri, 216 43rd Street, Phone: (757) 422-6556, stated the parking issue is significant and expressed concern, specifically during the Summertime. Steve Burwell, 310 45`x' Street, Phone: (757) 650-2667, Treasurer of the Historic Civic League Shores, expressed concern regarding the small roads in place and now being used as a cut-thru. Mr. Burwell would like to see additional studies as he feels there is already a traffic problem will only increase with this project. Mac Rawls, 612 Thalia Road, Phone: (757) 463-2423, Chairman of the Hotel Cavalier Task Force, appointed 8 months ago. The Task Force recommended the City offer incentives in order to save the hotel and, as a result of those incentives, was able to preserve the Hotel. The Developer is putting a lot of money into this project and it seems to be a win/win for everyone involved. Sam Brown, is totally in favor of this project. East Beach raised the real estate bar in Norfolk and he feels this project will do the same for Virginia Beach. Mr. Brown would like for an Advisory Committee to be established to deal with any future concerns or complaints regarding parking. Michael Lahiglin, Jr., 332 Cavalier Drive, Phone: (757) 348-9639, expressed concern regarding parking and does not want Cavalier Shores being "thrown under the bus ". Elizabeth Witt, 308 Cavalier Drive, Phone: (757) 428-0080, expressed concern regarding parking. December 10, 2013 -122- Item-VI-K.4a/b/c PLANNING ITEM #63401(Continued) Upon motion by Council Lady Wilson, seconded by Councilman Davis, City Council APPROVED, Ordinance upon Applications of CAVALIER ASSOCIATES DISTRICT 6 - BEACH a. Change of Zoning from RT -1 Resort Tourist and R-7.5 Residential Districts to OR Oceanfront Resort District re a residential community An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Special Exception for Alternative Compliance to the Oceanfront Resort (OR) District Form - Based Code. c. Variance to Section 4.1 and 4.4(d) re streets, alleys and lots at 4010 Holly Road and 4200 Pacific Avenue 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan Review, the layout of the site shall be substantially as shown on the submitted Plan entitled "Illustrative Master Plan, Exhibit 2, Village at The Cavalier on the Hill," dated 10-01-2013. Said Plan has been exhibited to the City Council and is on file in the Department of Planning. 2. Development of the Site, including the types of dwelling units, the design elements of the dwellings, dimensional requirements and permitted land uses, shall be regulated by the document entitled, "Land Use and Development Standards for the Village at The Cavalier on the Hill," which is attached hereto. Said document has been exhibited to the City Council and is on file in the Department of Planning. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin Council Members Abstaining: Mayor William D. Sessoms, Jr., December 10, 2013 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0050837 City of Virgirzi i I beach December 10, 2013 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms0vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dcar Mrs. Fraser: Pursuant to the State and Local Government Conflict of lnterests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Cavalier Associates for a change of zoning, a special exception, and a variance. 2. I have a personal interest in this transaction because I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22nd Street in Virginia Beach. TowneBank is providing the applicant with financing for this project. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- December 10, 2013 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. William D. Sessoms Mayor WDS/RRI -123 - Item -VI-K.5 PLANNING ITEM #63402 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINITELY, BY CONSENT, Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning from AG -1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road DISTRICT 7 - PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin December 10, 2013 -124 - ITEM VI -L APPOINTMENTS ITEM #63403 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC PRESERVATION COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) December 10, 2013 -125 - ITEM VI -L APPOINTMENTS ITEM #63404 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DEE OLIVER MICHAEL A. INMAN Four Year Term 01/01/2014 —12/31/2017 PLANNING COMMISSION Voting: 9-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., James L. Wood and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin December 10, 2013 -126 - Item -VI-0 ADJOURNMENT ITEM #63405 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 8:22 P.M. Chief Deputy City Clerk uth Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor December 10, 2013