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MARCH 11, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At La•ge V/CE MAYOR LOUlS R. JONES, Bnvside - District 4 ROBERT M. DYER, Centervidle - Dish•ict 1 BARBARA M. HENLEY, Princess Arme - Dish•ict 7 SHANNON DS KANE, Rose Ha[I - Dish-ict 3 BRAD MARTlN, P.E., At Large JOHN D.MOSS, At Lnrge AMELIA ROSS-HAMMOND, Kempsville - Dish•ict 2 JOHNE. UHRIN, Bench -- District 6 ROSEMARY W/LSON, At Lar•ge JAMES L. WOOD, Lyiuiliaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C/TYATTORNEY -- MARK D. STILES C/TY ASSESSOR - JERALD D. BANAGAN C/TYAUD]TOR - LYNDON S. REM/AS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 11 March 2014 CITYHALL BUlLDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5665' E-MAIL: Ctycncl@vbgov.com 1. CITY COUNCIL BRIEFING - Conference Room - 4:00 PM A. VOTER REGISTRATION - Participation and Safeguarding Voter Records Audit Results Lyndon Remias, City Auditor Donna Patterson, Voter Registrar II. CITY MANAGER' S BRIEFING A. STRIVING FOR EXCELLENCE REPORT James Spore, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, D.D. Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. AMERICAN RED CROSS MONTH - Southeastern Chapter Becky Plate, Major Gifts Associate 1. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY a. 606 Goldsboro Avenue b. Rosemont Road and Buckner Boulevard J. ORDINANCES/RESOLUTIONS FEBRUARY 25, 2014 a. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE: 1. Sale at 606 Goldsboro Avenue to Ronald G. and Tarah D. Kiser re subdividing existing parcel 2. Temporary Encroachment re bulkhead, rip rap, docks, aluminum ramps, pier and boat lift. b. Sale at Rosemont Road and Buckner Boulevard to Rosemont Crossing Limited Partnership re workforce housin2 2. Resolution of the City to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, Series 2014A, not to exceed Ninety-Six Million Dollars ($96,000,000) re Charter Bond authorizations 3. Ordinance to AUTHORIZE Modification of the Comprehensive Agreement with 25th Street Associates, LLC re parking garage DISTRICT 6 - BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 5 to the multi- year Agreement to EXTEND the Encroachment Partnering Agreement through March 31, 2019, re encroachment of NAS Oceana 5. Ordinance/Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement to Vanguard Landing, Inc. re mixed-use facility at 2020 and 2036 Princess Anne Road b. An Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements 6. Ordinance to APPROPRIATE $3,800,000 to the Risk Management Internal Service Fund FY 2013-14 re compensation claims 7. Ordinance to TRANSFER $439,731 to the FY 2013-14 Schools Operating Budget: a. $315,491 from Operations and Maintenance to Technology b. $120,678 from Instruction to Technology c. $ 3,562 from Administration to Technology K. PLANNING 1. Application of CLASTON LINEBERRY, JR for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of CROWN CASTLE USA, INC for the relocation of a Non-Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: DEFERRAL TO APRIL 8, 2014 3. Application of ERIK HOMES, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort Form-Based Code re building regulations at 22nd Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self-storage at 1889 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. Applications of VANGUARD LANDING at Princess Anne Road: a. Conditional Change of Zoning from AG-1 and AG-2 to Conditional B-lA b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outdoor recreational facilities and horses for hire/boarding DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of the CITY to AMEND the Comprehensive Plan to ADD the Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, AMEND SFA 4, Virginia Aquarium and Owls Creek District, ADD Land Use Guidance for SFA 9 and REVISE the Policy Document DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD 1NVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers **************?************** If you are physically disabled or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 385-4303 CITY CO UNCIL MEETINGS RESCHED ULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZENDIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS A'Iemdjt•itr11?t?y - Aloairluy, Miay 26 In depepaderiee I)ay - Fraciay, htly 4 Laborf Dcry - .3lonclayl, Septem6eN I Veter•rcns Day - 7'uesday, A'ovembea-1I 7faanksgiving Dcq and Dcy cafter Thuazksgivang - 7'hursky, A'ovefirber 27 arrrl Fr•itlrv, Novem1?er 28 Christiarus Eve (liulf-deg) - WednesdaYp Deceraibea• 24 Chrrsttaaras Day - TBzursflr?).,, Deeembet- 25 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 11, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, March 11, 2014, at 4.•00 P.M. Council Members Present: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent.• Robert M. Dyer surgery Amelia N. Ross-Hammond hosting student exchange to Liberia James L. Wood out of City on City business March 11, 2014 -z- CITY CO UNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguardiizg Voter Records Audit Results ITEM #63569 4: 00 P.M. Mayor Sessoms introduced and welcomed Lyndon Remias, City Auditor. Mr. Remias expYessed his appreciation to City Council for the opportunity to provide this information. This was a Presidential Election which always prompts heavier voting. p .a Audit of Voter Registr_. Lyndon S. Remias, City Auditor Donna Patterson, General Registrar ..w?' Donna Patterson, General Registrar requested an internal audit after the 2012 General Election to determine the root causes and factors related to long lines and later closing during the Election November S, 2012, as well as to review key processes of the Voter Registrar's Office. Audit of Voter Registrar's Office • The purpose of our audit was to review key processes of the Voter Registrar's Office to determine areas for enhancements to operations and internal controls. ? -3- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Mr. Remias provided the Mission of the Voter Registrar's Office. The City has ninety four (94) voting precincts, representing over 291,000 registered voters: Background • The Voter Registrar's Office's mission is to provide fair and equal access to voter registration and voting for all of Virginia Beach's citizens. • There are 94 voting precincts representing 291,507 registered voters. • An additional 951h precinct provides for the processing and counting of absentee ballots. The Voter Registrar's Office has eleven (11) FTEs, as well as three (3) Electoral Board Members, two (2) of which were in attendance: Background • The Voter Registrar's Office is comprised of: - 11 FTEs including the voter registrar, senior registrars, and assistant registrars - 1 PTE assistant registrar. • 3 Electoral Board members responsible for oversight of the elections and for the verification of election results. • During election time, there are as many as 1,200 poll workers at the voting precincts and up to 50 temporary assistant registrars during Presidential elections. 4 March 11, 2014 -4- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) In 2012, the City had fewer voters participate than in the 2008 election: Background Number of Voters Per Electian 250,000 201,249 196,641 200,000 150,000 100 363 118,611 97,824 , 100,000 51,429 50,000 , 0 2008 2009 2010 2011 2012 2013 Note: 2008 and 2012 were Presidential election years 5 In completing the audit, Mr. Remias identified numerous factors that attributed to long lines. Specifically, the 2012 ballot included two (2) Virginia Constitutional Amendments and one (1) Local Referendum. The average time difference in the 2012 and 2013 Elections was 2:24 minutes: Findings &t Recommendations • Finding #1: Long Lir€es and Late Frecincfi Closings in the 2012 Presidentiat Election were attributed to Severat Factors: Factor #1 - Length of Ballot 2012 Number of Candidates on Batlot 73 13 '$ 5 Number of Constitutional 0 2 -? 2 Amendments on Batlot Number of Referendums on Ballot 0 1 ! D 1 Average Time to Vote Not timed 3:39 ' 1:15 ' 2:24 6 March 11, 2014 -5- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Additionally, the larger Precincts had longer lines and later closing times: Factor #2 - The larger precincts in number of voters expe rienced most of the long lines and late closings. 25 Largest Precincts 52 Hom With Closing Times 13 M[. Trashmore 3 ?42 2 1)6 NOTE: Closing Sim 2450 Time is from CoroSe time stamp on accumulator tape before voting machine is shut down. ? sw.ce. wmr nme mwnu, wmaea M vvs?a eeacn ciecweeoere. enwry n. m3 The larger Precincts with the longest lines did not have an adequate number of voting machines: Factor #3 - Some precincts with the longest lines did not have enough voting machines. • There were 265,871 registered voters for the 2012 Presidential election and 761 voting machines, or 1 voting machine for every 349 rAOictararl vntarc r?.t;o? Number Prc,i,dN,m n..a?n.ei::«edvo:.R (ll/6/12) vouoe Machinas voUn/vonne Machines dff?«Me a-in¢ ime 73 Dahlia 43? 30 438 -2.55 1D.A6PM 11 Roundhill 4,329 30 433 -2.40 30.13PM 3 Oceanlakes 4250 30 425 J -2.18 1025PM 67 Eastem5hore 3994 10 396 -1.42 1010PM 21 DavisComer 3,924 10 391 -124 11:32PM 16 Ara ona 3,886 10 389 -1.14 9:40PM 52 Homescead 3]]8 9 420 -1.83 1109PM 36 WintlsorOaks 3754 10 375 .M -0.?6 IO:SBVM 13 M[.Trashmore 3,742 9 416 IO.R -1.T2 9:58 PM 25 Avalon 3]34 9 4L5 30.70 -1.]0 945 GM 38 Witchtluch 3TL8 9 414 10.63 -1.68 9:11PM 41 folle ePark 3690 9 430 10.57 -1.57 11:59VM 64 Rosemont Fores[ 3,fi50 9 906 10.46 -S.Ab 9:52 PM 63 Culver 3CAS 8 951 10.33 -233 10.?PM 95 U[on 3563 8 A48 10.27 -2.27 9:3]PM sce: wa?e rme.m, orew. a M vtrymia eeam eiertv? eo.m, 1anuary zq zms p?ec?nct mbsr Nu m? rccinc( N. qc(IV? ReQistsrsd yotsrs on 1 6 32 ua1 Voiers on 6 12 1 Clozin` Timc- )3 DaM1lia 4380 2.391 30:46 VM >1 Ro?ntlM1ill 4 329 2 533 30:13 PM 3 an Lakes 250 2 432 10:25 PM 6? Eastern SM1Ore 3 984 30? 30:10 PM 21 Davis Corner 23?6 11:32 PM 16 3 888 2,945 9:40 PM ead 3 7?8 2,240 1- PM w??a:o.oak: a?sa ziss iosavnn 9:58 PM 25 valon 3?34 2416 9:45PM 38 iSCM1duch 3 ?28 2 413 9:11 PM Colle ePark 3690 2190 11:59FM 64 Rozemont Forest 3 650 2 314 9:52 PM Culver 3605 2224 30:O8PM g5 Upt- 3 593 2306 9:3] PM 35?1 8:42 PM >O landin 3 4?9 2 064 9:53 PM 39 Pembroke 3453 2,248 8:29PM 30 Greai Neck 3 422 2 24? 8:22 FM 11 Cae Hen 3408 2.166 9:1SPM 8 London Brid e 3 A08 2 066 938 V M 4? s Grant 3 A04 2 323 8:08 PM 1 orth Beach 3 391 2 289 9:11 PM 44 rville 3362 2153 9:56CM is rn?o? n ood 3 ass z zu s:oavr? March 11, 2014 -6- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) By law, anyone over 65 or disabled can request "outside " poll voting, which is a factor that attributed to the increase in wait times. The average length for an outside poll vote to be cast in 2012 was 7:33 mirzutes versus 3:39 minutes in 2008. In addition, two Poll Workers must be present to administeY the outside poll vote.• Factar #4 - Outside Poll (OP) voting caused some long lines and late precinct closing times. • OP is a service required to be provided by the Virginia Code §24.2-638 and 524.2-649. • The average length for OP voting during the 2012 Pres. election was 7:33 minutes versus 3:39 minutes overall. 9 The precincts with the highest numbeY of outside poll votes recorded had soine of the latest closing times: Top 14 Precincts With Highest Outside Poll Votes ? ??? ORMUZ. •• - • ? ? ? Cotlege Park 166 23.2 7.2 8.4 11:59 PM ? Mt. Trashmore 116 11.1 10.5 5.7 9:58 PM ? Avalon 102 93 11 5.5 9:45 PM Eastern Shore 100 6.7 14.9 4 10:10 PM Windsor 0aks 98 11.2 8.8 6.9 10:58 PM Davis Corner 94 12 7.8 6 11:32 PM ? RoundhiU 89 7.2 12.4 4.9 ' 10:13 PM ? Magic Hollow 83 9.4 8.8 6.8 9:41 PM ?Aragona 81 7.2 113 ; 5.3 ' 9:40 PM ? Thoroughgood 79 5.5 14.4 4.2 9:04 PM ? Lake Christopher , 74 9.5 7.8 7.7 9:03 PM London Bridge ? 74 11.2 6.6 9.1 9:38 PM Seatack _ 73 5.7 12.8 ` 4.7 10:09 PM 0 Ocean Lakes 70 6.5 10.8 5.6 10:25 PM Source: Wai[Time Arwlysis, preparM by Virginia BeacM1 Elxtoral Board, Janua ry 21, 2011 io March 11, 2014 -7- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) There was also a large increase in new Yegistered voters. Between September 17 and October 15, 2012, the number ofYegistered voters increased by 11,962: Factor #5 - Increase in registered voters contributed to long lines and late closing times. • Registered voters changed during the timeframe of September 17, 2012 to October 15, 2012, from 253,909 active voters to 265,871; an increase of 11,962 . The Precincts with the largest increase of registered voters had some of the latest closing times: Top Precincts with Largest Increase of Registered Voters Precinct Number PrecinctName ActiveRegishred Voterson9ll 12 AGiveReqistercd Voterson101512 Incrcaseof Re isteredVOters Prednc[ Clasin Time 21 Davis Corner 3,515 3,924 409 1132 PM 61 Baker 2512 2898 386 30:35PM 73 Dahlia 4112 4380 268 10,46PM 67 Eastem5hore 3733 3984 251 SO:SOPM 2 SouthBeach 2,730 2,978 248 8:61PM 41 Colle e Park 3,455 3,690 235 11:59 PM 84 Tallwood 2,618 2,891 223 30:41PM 5 Seatack 21560 3,077 217 30:09PM 29 Holland 3,038 3,254 276 8:47PM 76 Villa e 2,500 2,715 215 9:29PM 50 Oceana 1,791 1,998 207 7:59PM 55 Ma icHollow 3,OW 3,210 204 9:41PM 39 Pembroke 3,266 3,453 187 8:29PM 71 Roundhill 4,142 4,329 187 10'. 13 PM 93 Newtown 1,488 1,673 185 7:39PM 79 Pleasan[Hall 2,308 2489 181 9:ODPM 45 Timberlake 2915 35 09 180 16@PM 70 Cor orate Land 3,299 3,47 9 180 9:53 VM 25 Avalon 3,554 3,734 180 9:45PM 43 Bellam 2,667 2832 165 9:03PM Sour[e: Wol[Time Arwlysiz, preparM by Virginia Beach Electoral BoarE? January 37, 3013 March 11, 2014 -8- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) There were 2,882 inactive voters that voted in the 2012 Election. Reactivating voters in an inactive status must show documentation verifying current address and additional forms must be completed: Factor #6 - Reactivating voters in an inactive status contributed to longer lines. • Inactive status in EPB can be caused by address change and name change. • Affirmation of Eligibility form or a Voter Registration Application must be completed for each inactive status voter. • There were 2,882 inactive voters who voted in the November 6, 2013 election and therefore were reactivated. 13 Again, it seems that the Precincts with the most inactive voters had some of the latest closing times: Top Precincts with Largest Number of Inactive Voters Who Voted in 2012 Presidential Election PrecinR Number Precinct Name Numberotlnac[ive Vaters on 11/6/12 Numberoflnactive Voters on 12/4/13 NumberoflnacdveVOters voting on 11/6/32 Qosing Time 61 Baker 962 865 97 10:35 PM 2 South Beach 1,044 955 89 8:41 PM 5 Seatack 927 814 83 10:09 PM 21 DavisCOmer 1,062 986 76 11:32 PM 76 Village SW 729 71 9:29PM 50 Oceana 729 667 62 7:59PM 67 Eastem5hore 863 801 62 93 Newtown 596 537 59 7:39PM 16 Ara ona 621 564 57 70 Cor orate Wndin 552 502 50 55 Ma ic Hollow 950 902 48 R 84 Tallwood 573 525 48 73 Dahlia 779 733 46 64 ftosemont Forest 472 44 71 Roundhill 602 SSS 44 S-ce: Walf iime nnalysis, preparM by Virginia Beach Elxtorat Board, January 17, 2013 March 11, 2014 -9- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Other Factors • Accommodating voters who show up at the wrong precinct • Accommodating voters who require additional help in voting (blind or other physical disability) • Voting machine and/or poll book problems These issues all take time to resolve and thereby contribute to longer lines and late closing times. 15 Mr. Remias provided several recommendations for consideration: Recammendations 1.1 Management should initiate a program to inform potential voters, including newly registered voters, of the form and content of the battot. 1.2 Consider splitting larger precincts to reduce the number of registered voters at a precinct location to make it more manageable. 1.3 Atlocate to each precinct the sufficient number of TSX voting machines in accordance with equitable distribution. 1.4 Evaluate using paper ballots for outside poll voting to avoid removal of a TSX voting machine. 16 March 11, 2014 -10- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Mr. Remias also identified the aging of current voting machines as another factor attributing to the long lines. The aging TSX voting machines are being phased out as replacement parts cannot be purchased. The goal is to phase out the TSX machines and go to a paper ballot by 2015: Finding #2: Aging of Current Vating Machines • Although the number of TSX voting machines assigned to the precincts exceeded the minimum requirements (Code of Virginia 24.2-627A), machine malfunctions did occur during the 2012 Presidential election, and replacements were provided. • The current stock of TSX voting machines will continue to deteriorate with age, and will require replacement with a new system approved by the Virginia State Board of Elections. • Per General Assembly, TSX does not have a paper trail for recounts and these machines can no longer be purchased. • Currently, the Voter Registrar and Electoral Board have future budget plans to procure optical scanners, ballot " boxes and voting privacy booths to have in place by 2015. Mr. Remias recommended continuing to seek funding to replace the current TSX voting machines. Recammendation 2.1 Continue to seek funding to replace the current TSX voting machines. 18 March 11, 2014 -11- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) The audit also identified the current office space is insufficient for adequate securiry of voter registration applications and the storage of election materials and equipment: Finding #3: Hausing, Storage and Security Finding #3: Hausing, Starage and Security • The voting machines and pollbook laptops are stored in cramped warehouse space. • The Voter Registrar has over 900 TSX voting machines and over 300 pollbook laptops. • The warehouse is where the inspection, calibration, some repairs and certification is conducted. zo March 11, 2014 -12- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Mr. Remias recommended more office space for the Voter Registrar's office: Recommendations 3.1 Work with City management to seek more office space for the Voter Registrar's office and space for storage of voting machines and pollbooks. 3.2 Temporarily rearrange office space to move active and inactive and/or deleted voter registrations to the middle room which is more secure and does not have windows. z, Mr. Remias attended the training provided by the Electoral Board and noted several areas for improvement: Finding #4: Election Officials Training • The Voter Registrar's Office and the Electoral Board provide training for all election officials who work at the precincts. • We noted several areas for improvement. . ._? zz March 11, 2014 -13- CITY COUNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Recommendatians 4.1 Implement suggested recommendations for Elections 101 training. 4.2 Develop a leadership training class for precinct Chiefs to enhance proficiency in management of the election processes in their precinct. 4.3 Collect and disseminate the applicable experiences ("lessons learned") of precinct Chiefs to other Chiefs for enhanced training and knowledge. 23 Mr. Remias expYessed his appreciation to Ms. Patterson and her staff for the cooperation and assistance in completing the audit: Conclusion • Based on the results of our audit, we identified several areas of operations and internal controls of the Voter Registrar Office that can be enhanced through implementation of our recommendations. Voter Registrar 24 March 11, 2014 -14- CITY CO UNCIL'S BRIEFING VOTER REGISTRATION Participation and Safeguarding Voter Records Audit Results ITEM #63569(Continued) Mayor Sessoms thanked Mr. Remias and Ms. Patterson for their work. MaYCh 11, 2014 -15- CITY MANA GER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570 4:28 P.M. Mayor Sessoms introduced and welcomed James K. Spore, City Manager, who gave the Annual "Striving for Excellence" Report. Mr. Spore thanked City Council for the opportunity to brag about the organization and chronicle some of the Ciry's accomplishments: The goal is to continuously improve to provide enhanced customer service and value to the citizens: March 11, 2014 -16- CITY MANA GER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) This report is provided each year to show the results of the organization's initiatives to improve oper-ations and service offerings. City Manager Spore advised this is the 17'h year this evaluation has been conducted. The City of Virginia Beach is the only City in the Country that has been doing this Reportfor this long: Our goal is to continuously improve to provide enhanced customer service and value to the citizens: March 11, 2014 -17- CITYMANAGER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) The Report identifies the recognition and awards the City has received, as well as, describes seventy four (74) processes that were "tweaked " to provide better service to the citizens: The information has examples of each category to provide a sample of the wide variety of initiatives and showcase the creativity and commitment to find better approaches and sources of revenue: March 11, 2014 -18- CITY MANA GER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) The Standby Policy Revision saved $193, 905 in the first quarter of the fiscal year and is estimated to save the City $800, 000 each year: March 11, 2014 -19- CITYMANAGER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) March 11, 2014 -20- CITY MANA GER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) The information below is a summary of the initiatives for the past ten (10) years: ,S.,M S?M 53.a,, Si7M 5z.3M Sce.9sa 5?,,, 53zsM .c.o.nnvaiaea Ss.eM $v.nM S5M Szsrn U.aM $7 m Snrn -l.cae Ssw.'mo har+ 53+M ' Fumresng Sae3,mo Siz.3M 53xi,sss S?srn 53.am 53sa,s11 Sz.irn Sx;uo Ss- $at- SiEni. 5i.zm $i.3M Sirn Sz.iM Sa71.- Ssza,- S1.5m 071,1% $1.tM Sies,a» ???Sio.eM ue/xew Po`en? c ann Silw? 55'.t SiiM SI.1ht S3Wn 536M 51_9h? 55.2M Sx.IM SiSM SS3M1 sn«mvrousses/ ??? ?a? vz 1aa 331 151 1oa s] e0 .535 1165 nraughCU?romer Servla Number 33.223 3a,5GO 13,m0 11553 19?Sa ]e,fe6 ]1.982 3a.uM 10.N3 Ml.i08. .3Rl.l]B Vaiue S?6M Stsm $.w 514mM SvMM Sts: M S?srn 51mn SmM 53u.+ 5i'n3r+i March 11, 2014 -21- CITY MANA GER'S BRIEFING STRIVING FOR EXCELLENCE REPORT ITEM #63570(Continued) Only a few initiatives were mentioned to give City Council and citizens the feel for the variety of ideas and activities staff works on throughout the year to improve quality and productivity. This report is the commitment of staff to achieve excellence in public service and to achieve your Vision of a Community for a Lifetime. Mayor Sessoms thanked the City Manager and his Staff for the excellence reported and for making Virginia Beach the "best City in the world ". March 11, 2014 -22- CITY COUNCIL LIAISON REPORTS 4:42 P.M. ITEM #63571 Council Lady Henley advised the Agricultural Advisory Committee will appoint a Subcommittee to develop Ordinances to comply with the new General Assembly Legislation that goes into effect on July 1 Sr March 11, 2014 -23- CITY COUNCIL LIAISON REPORTS (Continued) ITEM #63572 Council Lady Henley expressed her appreciation for the Transition Area /ITA Citizens Advisory Conamittee ITA's hard work. The Committee met this past week for three (3) hours and made recommendations to amend the Comprehensive Plan. She expressed her appreciation to the Committee for the amount of time and energy put forth and stated this group is a true asset to the City. March 11, 2014 -24- CITY COUNCIL LIAISON REPORTS (Continued) ITEM #63573 Coiincil Lady Kane met with the Human Rights Commission this past Saturday. The Commission is woYking on bridging gaps within the community and appointed a Subcommittee of inner faith organizations to discuss ways to have a more harmonious community. Council Lady Kane thanked Police Chief Cevera and his team that attended the meeting. March 11, 2014 -25- CITY COUNCIL COMMENTS 4:44 P.M. ITEM #63574 Councilman Moss advised the most recent bond perspective report revealed that 77% of individuals employed in the City make less than $29, 000 per year and he feels this is important information foY long- range planning. He suggested the City look at ways to change this over the next 10 -15 years. March 11, 2014 -26- CITY COUNCIL COMMENTS (Continued) ITEM #63575 Councilman Martin stated he was sorry he missed last week's Health Care presentation but expressed his appreciation to Deputy City Manager Curtis for meeting with him to bring him "up to speed ". March 11, 2014 -27- CITY COUNCIL COMMENTS (Continued) ITEM #63576 Mayor Sessoms distributed a Resolution that he would like to have added to today's Agenda requesting the "Virginia General Assembly Adopt a Budget for the 2014-2016 Biennium as soon as possible ". He advised the General Assembly has been unable to reach a decision on adopting a Budget due to the question of expanding medical services and other benefits to those who would qualify for Medicaid. Mayor Sessoms advised the Resolution requests the "General Assembly separate Medicaid expansion from the Budget so that a Budget may be promptly adopted ". Mayor Sessoms asked if anyone objected to adding this to today's Agenda. There being no objection, the Resolution will be added to the Consent Agenda for consideration. , March 11, 2014 -28- AGENDA REVIEW SESSION 4:51 P.M. ITEM #63577 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. 1. Sale at 606 Goldsboro Avenue to Ronald G. Kiser, Jr. and Tarah D. Kiser re subdividing existing parcel 2. Temporary Encroachment re bulkhead, rip rap, docks, aluminum ramps, pier and boat lift. b. Sale at Rosemont Road and Buckner Boulevard to Rosemont Crossing Limited Partnership re workforce housing 2. Resolution of the City to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, Series 2014A, not to exceed Ninety-Six Million Dollars ($96, 000, 000) re Charter Bond authorizations 3. Ordinance to AUTHORIZE Modification of the Comprehensive Agreement with 25`i' Street Associates, LLC re parking garage DISTRICT 6- BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. S to the multi year Agreement to EXTEND the Encroachment Partnering Agreement through March 31, 2019, re encroachment of NAS Oceana 5. Ordinance/Resolution to AUTHORIZE and DIRECT the Ciry Manager to EXECUTE: a. A Deed of Release and Exchange of an Agricultural Lands Preservation (ARP) easement to Vanguard Landing, Inc. re mixed-use facility at 2020 and 2036 Princess Anne Road b. An Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements 6 Ordinance to APPROPRIATE $3,800,000 to the Risk Management Internal Service Fund for FY 2013-14 re compensation claims 7. Ordinance to TRANSFER $439, 731 to the FY 2013-14 Schools Operating Budget: a. $315,491 from Operations and Maintenance to Technology b. $120, 678 from Instruction to Technology c. $ 3,562 ftom Administration to Technology March 11, 2014 -29- AGENDA REVIEW SESSION ITEM #63577(Continued) ADD ON Resolution to the Virginia General Assembly REQUESTING Budget Adoption for the 2014-2016 Biennium ITEM #1 a(l) WILL BE DEFERRED TO MARCH 25,2015 ITEM#1 b WILL BE CONSIDERED SEPARATEL Y ITEM #6 WILL BE CONSIDERED SEPARATELY March 11, 2014 -30- AGENDA REVIEW SESSION ITEM #63577(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of CLASTON LINEBERRY, JR for a Yariance to the Subdivision Re)zulations, Section 4.4. (b) of the City Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road DISTRICT 7- PRINCESS ANNE 2. Application of CROWN CASTLE USA, INC for the relocation of a Non-Conformin? Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25, 2014) DISTRICT 7- PRINCESS ANNE 3. Application of ERIK HOMES, LLC for aSpecial Exce tp ion for Alternative Compliance to the Oceanfront Resort Form-Based Code re building regulations at 22"d Street DISTRICT 6 - BEACH 4. Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive DISTRICT 7- PRINESS ANNE 5. Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self- storage at 1889 Virginia Beach Boulevard DISTRICT 6- BEACH 6 Applications of VANGUARD LANDING at Princess Anne Road.• a. Conditional Chanze o ZoninQ from AG-1 and AG-2 to Conditional B-IA b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outdoor recreational facilities and horses for hire/boarding DISTRICT 7- PRINCESS ANNE 7. Application of the CITY to AMEND the Comprehensive Plan to ADD the Suburban Focus Area (SFA) 9, North General Booth Boulevard Corridor, AMEND SFA 4, Virginia Aquarium and Owls Creek District, ADD Land Use Guidance for SFA 9 and REVISE the Policy Document DISTRICT 6- BEACH ITEM #2 WILL BE DEFERRED TO APRIL 8, 2014 CO UNCILMAN MARTIN WILL ABSTAIN ON ITEM #S ITEM #7 WILL BE CONSIDERED SEPARATELY March 11, 2014 -31- ITEM#63578 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 Virgifiia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or inter-views 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 March 11, 2014 -32- ITEM# 63578(Continued) Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4: 59 P.M. Voting: 8-0 Council Members Voting Aye. Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay.' None Council Members Absent.• RobeYt M. Dyer Amelia N. Ross-Hammond James L. Wood surgery hosting student exchange to Liberia out of City on Ciry business (Closed Session 4:59 P.M. - 5:10 P.M.) March 11, 2014 -33- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March Il, 2014 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, March 11, 2014, at 6: 00 P.M. Council Members Present: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood INVOCATION: Reverend Richard Keever, D.D. Pastor, Retired surgery hosting student exchange to Liberia out of City on City business 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 inteYest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifzes a matter in which he has a personal interest ", as defined by the Act, he will either abstain fi°om 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 Nlarch 24, 2009, is hereby made a part of the record. March 11, 2014 -34- Vice Mayor Jones DISCLOSED, for many years, he ser-ved 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. MaYCh 11, 2014 -35- Item -VII-E CER TIFICA TION ITEM #63579 Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach Ciry Council. Yoting: 8-0 Council Members Tjoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: Roberf M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63578 Page 32, 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. i- `- b? .?-s--4-? th Hodges Fraser, MMC City Clerk March 11, 2014 -36- Item -VII-F.1 MINUTES ITEM #63580 Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 25, 2014. Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -37- ADD ON ITEM #63581 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED the request to ADD to the Consent Agenda: Resolution to the Virginia General Assembly REQUESTING Budget Adoption for the 2014-2016 Biennium as soon as possible and separate Medicaid expansion from the budget so that a budget may be promptly adopted Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -38- ADOPTAGENDA FOR FORMAL SESSION ITEM #63582 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 11, 2014 -39- Item -VII-H.1 MAYOR'S PRESENTATION ITEM #63583 AMERICAN RED CROSS MONTH - Southeastern Chapter Becky Plate, Major Gifts Associate Mayor Sessoms introduced and welcomed Becky Plate, Major Gifts Associate, American Red Cross, Eastern Virginia Region. Mayor Sessoms presented Ms. Plate with a Proclamation "March 2014 American Red Cross Month" in the City of Virginia Beach. Mayor Sessoms urged all Citizens to support the programs and services of the local American Red Cross organization by giving blood, through volunteeYism, assisting with fundraising efforts, donating to the organization and becoming an Everyday HeJro. Ms. Plate expressed her appreciation, on behalf of the American Red Cross, for the Ciry's continued support. March 11, 2014 ?, : -- ? -• a? r?. s ? 9?"s Bg?D:•yK$??' N.1'? ?F OUR N ?Wherear. ?Yresident Tranktin 12,oosevett first proclaimecCAmerican 12,ed Cross Month in 9Karc(z, 1943 aizcf, since then, every president Fias called on Americans to support the organization's Fiumanitarian mi.rsion; and rytJ(tereas: riTie American 12,ecf Crass has 6een heCping peopCe prevent, prepare for and respond to emergencies for more tFian 130 years; aruC Wherear. The American 12,ed Cross is ceCe6rating and recognizing the Everyday 7ferves in our community - tFiose w(io heCp tFieir neigFi6ors 6y giving 6Cood, voCunteering or makng a financiaCcontri6ution,• and WFtereos: TheAmerican 12ecCCross is present in communities acrass the vnitedStates providing disaster reCief, FieaCtFi and safety training, ensuring a sta6Ce 61bod suppCy for hospitaC patients and more, none of w&ic(z wouCd 6e possi6Ce wit(tout the support of Everyday 7feroes found in Virginia Beack, 7fampton 12,oads, SoutFieastern virginia, ancf across t(e worCd,• ancl 44Jheteus: On average, tke American 12,ecf Cross must colCect 15,000 pints of 6Cood every day to meet the neecfs of patients at approximately 2,700 hospitaCs and transfusion centers across tFie country; and rytJfe¢reus: W&iCe the American 12,ed Cross works tireCessly to 6e t(ere witFi heCp aneC hope when peopCe neecCit most, witkout the support of voCunteers and tFie pu6fic, the workof the American RedCross anrCtheSout(zeastern Virginia Chapterwoutdnot de possi6Ce; ancf Wherens: ?lluring t(e montFe of `Marck, everyone is encouragecf to uncover tFieir inner hero ancC ceCe6rate American 12,ed Cross Wont(z 6y cfonating 6Cood, Cearning a Cfesaving skill vofunteering, or making a financiat cConation to aicf the efforts of thu Fcumanitarian organization. fyW, q`f(EREIF04jE, I, WilFiam Sessoms, 9l(ayor of the City of virginia Beack, tiirginia, do here6y procCaim: - March 2014 American W§dCross -Month in the City of Virginia Oeach and urge aCCcitizens to support the programs andservices of the CocaCAmerican Q?§dCross organization 6ygiving 61oocC, t(zrougFi voCunteerism, assisting unt(z funcCraising efforts, cfonating to the organization, anct dy 6ecoming an Everyday7fero. INWIq%T;SS V,?JfEUOT, I(zave hereunto set my (zand ancf caused the Seafof the City of Virginia Beach, Virginia, to 6e affi,recC(zereto this ECeventh day of Warch, 7wo 7(zousand and ?Fourteen. ? 'WiCC'wm in. Sessoms, A 9blayor -40- Item -VII-I.la/b PUBLIC HEARING ITEM #63584 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY a. 606 Goldsboro Avenue b. Rosemont Road and Buckner Boulevard (moved to Item#63588) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 11, 2014 -41- Itent -VII-J ORDINANCES/RESOL UTIONS ITEM #63585 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1a(1-DEFER TO MARCH 25, 201412), 2, 3, 4, Sa/b, 7a./b1c and THE ADD ON RESOL UTION of the CONSENT AGENDA, composed of OYdinances, Resolutions and the PlanningApplications. Voting: 8-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -42- Item -VII-J.Ia(I) ORDINANCES/RESOL UTIONS ITEM #63586 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO MARCH 25, 2014, BY CONSENT, Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE.• a. 1. Sale at 606 Goldsboro Avenue to Ronald G. and Tarah D. Kiser re subdividing existing parcel Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -43- Item -VII-J.1a(2) ORDINANCES/RESOL IITIONS ITEM #63587 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. 2. Temporary Encroachment re bulkhead, rip rap, docks, aluminum ramps, pier and boat lift. Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 RUDEE, LOCATED AT THE REAR OF s 606 GOLDSBORO AVENUE, FOR 9 PROPERTY OWNERS RONALD G. lo KISER, JR. AND TARAH D. KISER 11 12 WHEREAS, Ronald G. Kiser, Jr. and Tarah D. Kiser desire to maintain an 13 existing bulkhead and rip rap and to construct and maintain finro (2) floating docks (6' X 14 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), 15 vinyl bulkhead, fixed pier (20.4' X 16' S' X 53.5') and a boat lift (12' X 12') upon a portion 16 of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, in 17 the City of Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ronald G. Kiser, Jr. and 27 Tarah D. Kiser, their heirs, assigns and successors in title are authorized to maintain an 28 existing bulkhead and rip rap and to construct and maintain two (2) floating docks (6' X 29 14' and 6' X 50' 8' X 12.5'), finro (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), 30 vinyl bulkhead, fixed pier (20.4' X 16' 5' X 53.5') and a boat lift (12' X 12') in a portion of 31 existing City property known as Lake Rudee, as shown on the map marked Exhibit "A" 32 and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND 33 BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN '/? OF LOT 8, LOTS 9& 10 34 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14, VIRGINIA BEACH, 35 VIRGINIA SCALE: 1" = 40' DECEMBER 5, 2013," a copy of which is on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Agreement"), 42 which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 4 7 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 48 time as Ronald G. Kiser, Jr. and Tarah D. Kiser and the City Manager or his authorized 49 designee execute the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 52 of March , 2014. CA-12563 R-1 PREPARED: 2/13/14 APPROVED AS TO CONTENTS ?r1Yl ed" l_ ?S t? tjbNATURE APPROVED AS TO LEGAL SU?FI??CIEI.VCY AND FORM DAcNA R. H ?WYER, ASSOCI E CITY ATTORNEY R,bj?[1iKj1 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 6th day of Februarv, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RONALD G. KISER, JR. and TARAH D. KISER, husband and wife, THEIR HEIRS, 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 "LOT 9 and 10 and the EASTERN 1/2 OF LOT 8, BLOCK 28", as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO. SCALE 1" = 100' APRIL 1924", prepared by JNO. M. BALDWIN.C.E. C.R.McINTIRE.DEL, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, (sheet 1 of 4) and being further designated, known, and described as 606 Goldsboro Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to rnaintain an existing bulkhead and rip rap and to construct and maintain two (2) floating docks (6' X 14' and 6' X 50' 8' X 125), two (2) aluminum ramps (4' X 12' and 14'), a dock (5' X 6'), vinyl bulkhead, fixed pier (20.4' X 16' 5' X 53.5') and a boat lift (12' X 12'), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN'S: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS LAKE RUDEE) 2427-01-7641-0000; (606 Goldsboro Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, 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 is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN %2 OF LOT 8, LOTS 9& 10 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14, VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' DECEMBER 5, 2013," prepared by DAVID R. BUTLER, PROFESSIONAL ENGINEER, for GALLUP SURVEYORS & ENGINEERS, LTD., 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 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 shall make a ONE THOUSAND THREE HUNDRED TWENTY-SIX DOLLAR ($1,326.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a 3 standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City- owned property. 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. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Enginesring 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 4 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, Ronald G. Kiser, Jr. and Tarah D. Kiser, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its narne 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 gy (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 , 2014, by I CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by I CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 By l? r Ronald G. Kis r, Jr., Owner By STATE OF CITY/£o9Pd?'F OF to-wit: The foregoing instrument was acknowledged before me this ?-tirk day of 2014, by Ronald G. Kiser, Jr. ? Nota Public Notary Registration Number: ?c?&o My Commission Expires: STATE O F CITYfC?'F OF ???G'?? , to-wit: MARTIN DAVID PERRY JR. Notary Public Commonwealth of vrslnia 7364066 My Commission Expires Nov 30, 2014 The foregoing instrument was acknowledged before me this 4? day of ? ?L'==?????- U?l2? , 2014, by Tarah D. Kise4aPublic ? Notary Registration Number: My Commission Expires: 2 EMARTIIN DAVID PERHY JR. Notary Public onwealth of Yrginia 7364066 sion Expires Nov 30, 2014 7 APPROVED AS TO CONTENTS SI N TURE ???c4v H, acliq ? DATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ..? . ?.., ITY ATTORNEY PUBLIC WORKS I REAL ESTATE DEPARTMENT / DIVISION 6.0' PROP. A I T LAKE RUDEE X 1 B2 2 FLOOD -? E ?- PROP. FlXED PIER CITY OF VIRGINIA BEACH _ 20.4 x 16 M.B. 7 P. 14 5 ?x 53.5' GPIN: 2427-01-8282 MLW=MHW ALONG ?/? PROPERTY TO BE EX. BULKHEAD ACQUIRED FROM TYLER 1,338 so. Fi. =272.4 so. FT. PROPOLED \Q?PQ BULKHEAD SEAWARD BOUNDARY AS SHOWN IN MAP BOOK 7, PAGE 14 ? PROPERTY TO BE (SCALED PLAT LINE) ACQUIRED FROM COVB 1338 SQ. FT. PROP. -FLOATiNG DOCK 6' X 50' I EX. WOOD BULKHEAD 8' x 12.5?DASHED PORTION SHOWN SCALED FROM CITY COMPOSITE MAP PROP. ALUN. RAMP I PROP. 4' x 12' F(.OATING __+ DOCK __ 6' x 14' I PROP . 14' ALUM. RAMP PROP. DOCK ILW=MHW ALONG S' X 6' EX. BULKHEAD 2.0 ? ? \ o AREA BETWEEN PLAT LINE EXISTING BULKHEAD EQUALS 1,338 SQ. FT. JOHN B. PARKER, III AND NANCY K. PARKER D.B. 1744 P. 454 GPIN: 2427-01-8610 ? a 0 I 28.83' ? U_ N 07'00'00" W co I ? N I ? 15.00' I S 07'00'00" E I W i 18.90' TOTAL i ?.?p,LTH pF ??6??9I?? Lr? ? ? Djnv., LER y 11 o. -0 38395 ? ?4?S 11ZI? G\??? S!4NAL °° I I o ° ? VACATE-? N VACATE-1 I ?o j ? i I I I I I I I I t a ? m ? I O -?------ I O WAYNE L. TYLER ? O AND o I FREDERICK M. TYLER, JR. Z I W.B. 102 P. 1402 O GPIN: 2427-01-6582 I s ?----- g p O F N 83'00'00" E 15.00' -?---7--- ? O I ? I ° W o I M I WILLIAM I V. SIMMONS 1 D.B. 854 P. 199 J GPIN: 2427-01-6650 0 ° I I 0 ° I I Z I i - I 90.00'I A N 83'00'00" E GOLDSBORO AVENUE (501 R/W) M.6. 7 P. 14 EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE FOR EASTERN 1/2 OF LOT 8, LOTS 9& 10 BLOCK 28, MAP OF SHADOWLAWN HEIGHTS M.B. 7 P. 14 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' DECEMBER 5, 2013 W Q ? w ? ? 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E ? ? .. r'. ?- - - - ?1t J"L r t ?. • ? ?rSt ?1 1 . 5.•, 1 y '4 ? . 1 +5 'I ,. - - - _ _...,, ?,,'? ?, ? ' ti'??.' ? : ? i ? , _ 1 ?,!:, `• • -?"" ? -- 'I ?tPR?SS PV? __ L?S I, ?5! f ° a` C a V Ln K ?p m ?+ ? ? ? E . 1 1101t7m u - 1 1 1 ` T-1 : -44- Item -VII-J.Ib ORDINANCES/RESOL UTIONS ITEM #63588 The following individuals registered to speak: Mary Kay Horoszewski, 605 Fort Raleigh Drive, Phone: 425-3386, spoke in FAVOR. Ms. Horoszewski is the Executive Director of Virginia Beach Community Development Corporation (VBCDC) Nonprofit Affiliate, Southeastern Virginia Housing Corporation. She recognized the other Board Members present. She advised the propeYty located at Rosemont Road and Buckner Boulevard will be used to construct a fifry four (54) unit multi family residence under the Ciry's Workforce Housing Ordinance. She has been a member of the Ciry's Workforce Housing Advisory Board since its inception, has developed properties in an effort to make housing affordable. Six (6) apartments will be handicap accessible. The families that will live in this property are members of the community and the waitlist for Workforce housing is extensive. The citizens that live in Workforce Housing communities are committed to being good neighbors. This project will be high quality and very much in line with the other Workforce Housing properties. Tony Nero, 222 Central Park Drive, spoke in FAVOR, stating the members of the VBCDC have a true passion for helping the Workforce population in providing affordable housing. The majority of the Workforce Housing projects in the City are single family homes, but there are no properties for single or married citizens without children, who qualify for Workforce Housing. Ann Crenshaw, 1216 Cedar Point Drive, spoke in FAVOR, stating the Application is for Workforce Housing; however, VBCDC has proffered to not take the extra density allowed in the Workforce Housing Ordinance. The project has a long road to travel before it is approved and will go before the Planning Cornmission and come back to City Council for final consideration. Frances Laskey, 3576 Storm Bird Loop, Phone: 368-9965, spoke in OPPOSITION, advising she has been a resident there for the past fifteen (15) years. She stated it appears the City did not provide adequate notice to the neighborhood to learn about the sale. If this is approved this evening, the impression is the project is a"done deal ". Ms. Laskey expressed concern regarding the maximum density of this project, as well as February 28`" being the first attempt to contact the community. She understands the deadline to receive the tax credit is March 14`" but, if the project is delayed a year, they would have adequate time to receive the credit as well as ensure the community has time to express concerns. Joseph Hildman, 3777 Purebred Drive, Phone: 454-2027, spoke in OPPOSITION, advising he has been a resident there for the past thirteen (13) years. He just received notification of this proposed project and has numerous concerns. Mr. Hildman advised the property has flooding issues and feels that this has not been properly reviewed. March 11, 2014 -45- Item -VII-J.Ib ORDINANCES/RESOL UTIONS ITEM #63588(Continued) Upon motion by Council Lady Kane, seconded by Councilman Moss, City Council DEFERRED INDEFINATELY, Ordinances to DECLARE properry in EXCESS of the City's needs and A UTHORIZE: b. Sale at Rosemont Road and Buckner Boulevard to Rosemont Crossing Limited Partnership re workforce housing Voting: 7-1 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Mayor William D. Sessoms, Jr. Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -46- Item 4VII-J.2 ORDINANCES/RESOL UTIONS ITEM #63589 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution of the City to AUTHORIZE the ISSUANCE and SALE of General Obligation Public Improvement Bonds, Series 2014A, not to exceed Ninety-Six Million Dollars ($96, 000, 000) re Charter Bond authorizations Voting: 8-0 Council Members Voting Aye. Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 COUNCIL VERSION RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $96,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $65,500,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 10, 2011, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $49,788,950 of which have been issued and sold, leaving and unsold balance of $15,711,050. The issuance of $67,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 8, 2012, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $12,334,162 of which have been issued and sold, leaving and unsold balance of $55,365,838. The issuance of $68,120,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2013, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $96,000,000. The City Council has determined it is in the City's best interest to issue and sell all $15,711,050 of the remaining balance of the bonds authorized on May 10, 2011; up to $52,025,069 of the remaining balance of the bonds authorized on May 8, 2012; and up to $28,263,881 of the bonds authorized on May 14, 2013. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $96,000,000 (the `Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 10, 2011, May 8, 2012 and May 14, 2013. 4837-5709-6984.2 2. Bond Details. The Bonds may be issued in one or more series and shall be designated "General Obligation Public Improvement Bonds." The Bonds shall contain the series designation 2014A or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Bonds if issued as separate series may be issued at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a"true" or "Canadian" interest cost not to exceed 4.0% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31, 2024, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than December 15, 2015, and ending no later than December 15, 2035. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). In lieu of check or draft, payrnents of principal and of interest on the Bonds may also be paid by electronic funds transfer as directed by the registered owners. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC ar any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities 4837-5709-6984.2 2 Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2024 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatorv Sinking Fund Redemption. Any portion of the Bonds issued as term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable 4837-5709-6984.2 3 maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. The City shall, however, comply with any redemption notice requirements contained in the continuing disclosure agreement entered into in connection with the issuance of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Plefte of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the 4837-5709-6984.2 4 Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Sonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3. The City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City 4837-5709-6984.2 5 Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof for federal income tax purposes under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitraye Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and such officers may make any elections they deem necessary or desirable regarding rebate of earnings to the United States or otherwise, for purposes of complying with Section 148 4837-5709-6984.2 6 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 4837-5709-69842 7 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. Exhibit A- Form of Bond 4837-5709-69842 Exhibit A- Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2014A INTEREST RATE MATURITY DATE REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DATED DATE DOLLARS REGISTERED CUSIP The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning 1, 201, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. 4837-5709-6984.2 This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2014A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 10, 2011, May 8, 2012 and May 14, 2013, and, the Bonds are being issued pursuant to a resolution adopted by the City Council on March 11, 2014 (the `Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements. The City is authorized and may elect to pay costs of issuance of the Bonds from the proceeds thereof. The Bonds maturing on or before , 20, are not subject to optional redemption prior to maturity. The Bonds maturing on or after , 20_, are subject to redemption prior to maturity at the option of the City on or after , 20_, in whole or in part at any time (in any multiple of $5,000), upon payrnent of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [The Bonds maturing on , 20, are required to be redeemed in part before maturity by the City on , 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of 4837-5709-6984.2 A_2 Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of, premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the [fifteenth] day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payrnent or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist ar be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. 4837-5709-6984.2 A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia 4837-5709-69842 A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE 1NSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union ar Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 4837-5709-6984.2 A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 11 t laay of March, 2014. APPROVED AS TO CONTENT: ? _. 0? it, Finance Department APPROVED AS TO LEGAL SUFFICIENCY: .? Cit _ rne s Office CA12903 R-1 February 27, 2014 4837-5709-6984.2 A-6 City csf Virgin'sa Beach, V'crginda 2014A Genera1 Obligation 6eand Sale - $96 rnil6ion City ExpendEtur?s 10/ISJ2012 thru 1,f 13f2014p 5shocsl Expenditures 1124/12 -1/13f 24 SRtFE CE3M !.€F?ITY Buildings 3021 Fire & Rescure Station - Town Center 3,574,638 3317 Police Special OpsJForensicsjEvidence Comlex 6,973.434 $10,548,072 QE3ALITY PHYSICAL ENVIRONtUiENT Roadways 2025 Witchduck Road Phase il 1,036,789 2048 Princess Anne RoadjKempsville Road Intersectian 8,665,607 2107 Seaboard Road 1,346,643 2121 Nimmo Parkway - Phase V-A 17,284,561 2243 Laskin Road Gateway Phase f-A 2,227,099 2168 Lesner Bridge Replacement 2,303,234 2305 Princess Anne road - Phase IV 4,402,989 2421 5portsplex brive 2,455,287 $39,722,209 TQTAL GENERAL GOVERNMENT $50,270,281 Qt?AL6 -Y EDEJCATBON & !lFELO9VG LEARNENG Buildings 1019 Great Neck Middie School Replacement 4,556,975 1206 KeClam High School Replacement 34,388,228 1233 Kennps LandingJODC Replacement 274,869 1001 Renavations and Replacements - Energy Managernent 1,194,567 1099 Renavatians and Repiacement - Grounds - Phase 11 1,259,975 1143 Renovations and Reptacement - HVAC Systems - Phase !I 800,165 1104 Renavatians and Replacement - Reraofing - Phase II 801,415 1105 Renovatiopns and Replacement - Variaus - Phase II 447,911 1109 Energy Performance Contracts 1,439,6$4 1146 Instructional Technology 316,767 1232 7ennis Court Renovations 249.163 TOTAL SCHOQLS $45,729,729 TOTAL BONQ SALE $96,004,000 -47- Item -VII-J.3 ORDINANCES/RESOL UTIONS ITEM #63590 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Modification of the Comprehensive Agreement with 25r" Street Associates, LLC re parking garage DISTRICT 6- BEACH Voting: 8-0 Council Members Tjoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AUTHORIZING A MODIFICATION TO THE TERMS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND 25T" STREET ASSOCIATES, LLC TO ALLOW FOR THE SALE OF THE COMPLETED PARKING GARAGE BEFORE COMPLETION OF THE OTHER IMPROVEMENTS WHEREAS, the City of Virginia Beach (the "City") and 25th Street Associates, LLC ("25th Street") are parties to a comprehensive agreement dated as of February 28, 2013 (the "Comprehensive Agreement"). The Comprehensive Agreement provides for the development of various improvements on a 2.18-acre parcel located at 310 25th Street between Pacific and Arctic Avenues (GPIN 2427-09-5787), formerly utilized as a municipal parking lot (the "Property"); WHEREAS, the Comprehensive Agreement was approved by City Council on February 12, 2013, by Ordinance ORD-3263S, pursuant to the process set forth in the Virginia Public-Private Education Facilities and Infrastructure Act of 2002 ("PPEA") and the City guidelines adopted pursuant to the PPEA; WHEREAS, as set forth in the Comprehensive Agreement, 25th Street has purchased the Property from the City and is undertaking the construction of the following improvements (collectively, the "Improvements"): 1) Apartment complex with 147+/- units(the "Apartments"); 2) "iFly" entertainment facility consisting of 8,000+/- sq. ft. (the "Entertainment Facility"); 3) Commercial space of 2,500+/- sq. ft. (the "Commercial Space"); and 4) Structured parking garage containing 565+/- parking spaces, of which approximately 347 would be dedicated for use by the general public (the "Parking Garage") WHEREAS, the City is to acquire the Parking Garage on the completion of all the Improvements; WHEREAS, 25th Street has requested a change to the Comprehensive Agreement to provide that the City will acquire the Parking Garage upon completion of that element, even if the remaining Improvements are not yet complete; WHEREAS, an Amended Summary of Terms setting forth the details of the proposed change and the current terms of the Comprehensive Agreement is attached hereto as Exhibit A, and made a part hereof; and 47 WHEREAS, City Council is of the opinion that proposed amendment to the 48 Comprehensive Agreement would not prejudice the interests of the City and would put 49 the parking garage into use by the public earlier than if the Comprehensive Agreement 50 were not amended. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH, VIRGINIA: 54 55 That the City Manager is hereby authorized to execute an amendment to the 56 Comprehensive Agreement, so long as such amendment is in substantial conformity with 57 the Amended Summary of Terms, and such other terms, conditions or modifications as 58 may be acceptable to the City Manager and in a form deemed satisfactory by the City 59 Attorney. 60 61 This Ordinance shall be effective from the date of its adoption. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day 64 of Ma r c h , 2014. APPROVED AS TO CONTENT it Manager APPROVED AS TO LEGAL SUFFICIENCY: / City Attorney CA12 +&7?37?- \\vbgov.com\DFSt \Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007. DOC R-1 February 28, 2014 APPROVED AS TO CONTENT: EXHIBIT A AMENDED SUMMARY OF TERMS 25th STREET DEVELOPMENT PPEA COMPREHENSIVE AGREEMENT PROPOSED AMENDED TERMS: • Acquire parking garage for $7.65MM, plus Incentive Payment (defined below) on completion of Parking Garage, even if the other improvements are not yet complete. • City to have right to use entire parking garage until aparhnents are complete. • All other terms set forth in the Comprehensive Agreement (described below as "Current Terms") remain unchanged. CURRENT TERMS: City: City of Virginia Beach Developer: 25t" Street Associates, LLC Property: 2.18 +/- acre municipal parking lot at 310 25`h Street between Pacific and Arctic Avenues (GPIN 2427-09-5787). Agreement: "Comprehensive Agreement" between the City and Developer, pursuant to the Virginia Public-Private Education Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City Council. Project Description: Developer to purchase the Property from the City for $7.65MM. After purchase, Developer to construct 147 +/- apartment units, "iFly" entertainment facility, 2,500+/- sq. ft. of retail space and a 565 +/- space parking garage (collectively the "Improvements"). City to purchase parking garage upon completion, for $7.65MM plus Developer's right to receive the Incentive Payment, defined below, subject to Developer's lease of 221 +/- parking spaces. The exact number of parking spaces leased to be Page 1 of 3 determined based on final number of apartment units and parking spaces constructed but in no event shall lease to Developer be for more than 230 spaces City to operate parking garage and Developer to operate the balance of the Improvements. Garage Operations: • Developer to contribute approximately 37% of the operations and maintenance costs associated with parking garage annually. • City to be responsible for operations of the entire parking garage. • Developer to lease 221+/- parking spaces for a term of 40 years at $1 per year (exact number to be equal to 1.5 spaces per apartment unit constructed, with a 230 space cap). [Current estimate - 216] • Developer to pay $70 per space, per year (adjusted by the CPI beginning in year 11) for capital reserves. Incentive Payment: • Developer to receive a reimbursement incentive payment equal to 90% of admissions taxes collected at the iFly facility. • Incentive Payrnent expected to be capped at a total of $2.1MM. • Exact amount to be determined based on actual cost of construction of the parking garage. $2.1MM cap subject to adjustment of 15% up or down. • Incentive Payment equals the difference between (a) all reimburseable costs of contruction of the parking garage (as described in the Comprehensive Agreement), and (b) fifty-five percent (55%) of the purchase price of the Property ($4,207,500), but shall remain subject to the cap of $2.1MM, including interest. Rights and Responsibilities of City: • Subdivide the Property into three parcels prior to sale to Developer. ? ? Aeqttir-e N1 b b b fer- Q765MAiT, Y ? ,..1, T,. o„?;o D.,.no...t mplot; ,. .,11 T,,, paa..o,,, ont - • City to pay 45% or $250,000, whichever is less, for total costs of landscaping and streetscape improvements for the entire block. • City to make annual Incentive Payment. Page 2 of 3 • City to operate parking garage (except for spaces leased to Developer) as a public parking garage. Rights and Responsibilities of Developer: • Acquire Property from City for $7.65MM (occurred 2/26/14). • Obtain all permits and zoning approvals for Improvements. • Pay all development costs of Project. • Complete construction of all Improvements before December 31, 2015. Page 3 of 3 ?, _ _ .... .,. 4 ? 4 S 9? 4 y k 1 ? ? ?yl _? I ?;'4S i?i ?` ? ? '. 4?? ~•?. r,... .... ? _ ?--?..? ti ; ?? ?..*? --;:.,_.- ,? ??C?1? ?.,? ---: .. -?^ ~ ?? 1? ??? ? ? w?^"'_ .. : ? .w ?,. _ . ^?" ++?^ ?.. ? _,"?--? i?i '. ti, • , ?-??_ ` ry?? ? r ?!1'° 's ? ?o ? a,-. - y?q}•J? I(???_- ',?'? C? ? t ? ." r l ? ? 'i • 1 ?.,?-.?-^^ . *a ?? I5 !?I /-1 ?1' '1 . _ r ?GL ? t ; . ? ; r!> >, ?? . , . ?? ?t • ? ? ? ? ? ? ., ??? s?? _,-..?"?' , ?T ?'i. , ,I'1, - i ? oA i 16Vi fit? j-?- ? +, ? ? i ??'? N ? ? ? ¦ {??,? ce, i } '? ` ?r .,3 pi N ?``, . ¦ ¦ ? 1 i :' ? ,,? ? i ? ¦ ? ? ??? ??4 ?e?Q ? `? ', ? '? ? ??: AN '4 , ¦ ? ? 'i Y' ? ?, F I: 1 i - ¦ ? ¦ ; I o t' y } p ? ti't f ? ¦ ? ? _ _ °II` Y'+? i _- ? . --- '; ? , - ¦ ¦ ?, ?',, y?- 4? ;' ^ ry , , ? • ,. ' '? t `i ,t ? ? i ... . ? . , ¦ ? s ',, ?. __ - ?.?c ¦ i , 4 ? ? ?? ?- „-'C4.+ ? ?? ¦ ¦ ! ',,? 'i 1 `s; #? ¦ ?.y ? i'„, ?."I?-? _ ? '` .? ¦ ¦ t ?, ??? ? ? ? iir` ?E, - _.?_.-_ ? - _ ?,,,r ?^"?a+?, . i ; ?• ? YI ? I i ? .? ? " _ ?_,.. t1,?+ !•,?_..,- _ s1 G . ,-- ? ? ?` ?' ¦ x 4 ? ? . ' ? f _ ? ? fil .,,r-,,; ?? i? r , r , ? •` ??nIC]??? +__. . r-'"': . } ? ? _ ?? ??i? ? ? i+ r • i ' ?',,? I??r •??5.? __,.,-'.` r? . ;5. Y 4 .--?- ..?- 4' 4y. ¦ '.,t ? r! FR??'i?-~ ? r _- ?I? ? ? t , 5 - ?..i ..? .?.-. '??y, ??•~? ?,S,:N .....%t--" , r ? ? „n. '?' S .ti ? ??' ,? 'i i 1 5 1 Si ??'e ??` i 4( 1 l .,- _:..,, -48- Item -VII-J.4 ORDINANCES/RESOL UTIONS ITEM #63591 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment No. 5 to the multi- year Agreement to EXTEND the Encroachment Partnering Agreement through March 31, 2019, re encroachment at NAS Oceana Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NO. 5 TO 3 THE MULTI-YEAR AGREEMENT BETWEEN THE 4 UNITED STATES OF AMERICA AND THE CITY TO 5 PREVENT ENCROACHMENT AND INCOMPATIBLE 5 DEVELOPMENT IN THE VICINITY OF NAVAL AIR 7 STATION OCEANA (NAS OCEANA) APPROVED BY 8 ORD-300013, ORD-3178D, AND ORD-3259P 9 10 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 11 September 25, 2007, the United States of America, Department of the Navy (the 12 "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007, in 13 which the Navy and the City agreed that the City would convey to the Navy restrictive 14 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 15 and the Navy would pay the lesser of the fair market value of the easement or 50% of 16 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 17 Agreement"); 18 19 WHEREAS, as authorized by Ordinance ORD-3259P, adopted on September 11, 20 2012, the City and the Navy modified the Encroachment Partnering Agreement to 21 extend the Agreement until March 31, 2014; 22 23 WHEREAS, the City and the Navy wish to further modify the Encroachment 24 Partnering Agreement to extend the Agreement for up to an additional five (5) years 25 (through March 31, 2019); 26 27 WHEREAS, all of the other terms of the Encroachment Partnering Agreement, as 28 amended previously, will remain the same; and 29 30 WHEREAS, the City Council finds that amending the Encroachment Partnering 31 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 32 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 33 accomplishing the shared goal of preventing future encroachment around the bases. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute Amendment No. 5 to the 39 Encroachment Partnering Agreement to the extent such modifications are in substantial 40 conformity with the Summary of Terms attached hereto as Exhibit A and incorporated 41 herein and such other terms, conditions or modifications as may be acceptable to the 42 City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 11 th day of March , 2014. CA12780 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d004\p017\00108320.doc 2/26/14 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 Planning Department City 4Atto ey' O i EXHIBIT A SUMMARY OF TERMS OF THE MULTI-YEAR AGREEMENT, AS AMENDED, BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach (the "City") and The United States of America, acting through the Department of the Navy (the "Navy") Terms: Property Interests To Be Conveyed City may convey to the Navy restrictive easements over property the City acquires in the Inter-facility Traffic Area (the "ITA") and in the Rural AICUZ Area ("RAA"). If the City purchases property from willing sellers in the ITA and the RAA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a"Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi- Year Agreement (copy attached hereto as "Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone Sale Price: The Navy will pay to the City the lesser of: (a) 100% of the fair market value of the easement or (b) 50% of the City's acquisition cost of each ITA or RAA property. Funding/Other: The Navy will provide initial funding in the amount of $3,000,000 and the Marshview property, and such additional funds as are approved and appropriated by the United States. 1 Term: Original term: September 27, 2007 to September 26, 2012. Extended term: Through March 31, 2014. Appraisals & Surveys: Navy and City to share costs (50% each) of the appraisals and surveys necessary to complete the transactions. Terms of Amendment No. 5: Amends the Encroachment Partnering Agreement to: • Extend the Agreement for up to an additional five (5) years (through March 31, 2019). All other terms of the Encroachment Partnering Agreement, as previously amended, remain the same. \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d004\p0 17\00112402.doc 2 EXHIBIT A 07n A 1 Rna i ... . a?. J _ _ _ ' TABLE 1- AIR 1NSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing 1' 1' Textile mill products; manufacturing 1' 1' Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing y y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing y Z' Paper and allied products; manufacturing 1' I' Printing, publishing, and allied industries 1' 1' Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Z' 1' Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y 1' Primary metal products; manufacturing 1' 1' Fabricated metal products; manufacturing 1' Z' Professional scientific, and,controlling instruments; photographic and optical goods; watches and clocks y y Miscellaneous manufacturing 1' I' TranspoYtation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y 1' Aircraft transportation 1' 1' Marine craft transportation 1' I' Highway and street right-of-way 1' 1' Automobile parking 1' I' Communication 1' 1' Utilities 1' Z' Other transportation, communication and utilities Y Y Trade Wholesale trade Y 1' Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise Y Z' Retail trade - food 1' 1' Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories 1' 1' Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade 1' 1' Finance, insurance and real estate services Y Y Personal services 1' I' Cemeteries I' I' Business services 1' Z' Warehousing and storage 1' I' Repair services 1' I' Professional services 1' y Hospitals, other medical fac. 1' N Nursing homes N N Contract construction services 1' 1' Government services 1' y Educational services 1' N Miscellaneous 1' 1' Cultural, entertainment and recreational Cultural activities (& churches) 1' N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Z' N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Z' N Other outdoor recreational facilities 1' 1' Indoor recreational facilities 1' 1' Campgrounds Z' N Parks Z' N Other cultural, entertainment and recreation Z' N ResouYCe Production and Extraction Agriculture (except live stock) 1' 1' Livestock farming Z' N Animal breeding Z' N Agriculture related activities 1' y Forestry activities y 1' Fishing activities Z' I' Mining activities Z' I' Other resource production or extraction LY 1' -49- Item -VII-J.S ORDINANCES/RESOL UTIONS ITEM #63592 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance/Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange of an AgricultuYal Lands Preser-vation (ARP) easement to Yanguard Landing, Inc. re mixed-use facility at 2020 and 2036 Princess Anne Road itoting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Poting Nay: None Council Members Absent.• RobeYt M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 RELEASE AND EXCHANGE PERTAINING TO AN 4 AGRICULTURAL LANDS PRESERVATION 5 EASEMENT LOCATED ON LAND OF VANGUARD g LANDING, INC. 7 8 WHEREAS, on December 19, 2001, the City of Virginia Beach (the "City") and 9 Nancy Ellen Williamson ("Williamson") entered into IPA #2001-41, whereby the City 10 acquired an Agricultural Lands Preservation Easement (the "Preservation Easement") upon 11 property owned by Williamson located at 2036 Princess Anne Road (GPIN: 2413-19-9845) 12 (the "Williamson Parcel"); 13 14 WHEREAS, by deed recorded as Instrument Number 20140220000144120, 15 Williamson conveyed the Williamson Parcel to Vanguard Landing, Inc., a Virginia non- 16 stock corporation ("Vanguard"), subject to the Preservation Easement; 17 18 WHEREAS, Vanguard also owns a parcel of land located at 2020 Princess Anne 19 Road (GPIN: 2413-19-6111) (the "Vanguard Parcel"), which is adjacent to the Williamson 20 Parcel; 21 22 WHEREAS, Vanguard proposes to develop its property into an agrarian-style mixed- 23 use facility for citizens with intellectual disabilities: 24 25 WHEREAS, to ensure that non-agricultural activities are located outside the 26 Preservation Easement, Vanguard desires the City release a portion of the land currently 27 encumbered by the Preservation Easement over the Williamson Parcel containing 28 approximately 500,543 sq. ft. (the "Released Area"), in exchange for adding a portion of the 29 Vanguard Parcel consisting of approximately 518,527 sq. ft. (the "Exchanged Area") to the 30 Preservation Easement, both areas more specifically shown on the plat attached hereto as 31 Exhibit A; 32 33 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation 34 Or.dinance (hereinafter "Ordinance"), a landowner may petition the City Council for the 35 extinguishment of a Preservation Easement in exchange for the conveyance to the City of 36 a Preservation Easement on a different portion of the landowner's property, under certain 37 conditions set forth in the Ordinance; 38 39 WHEREAS, the Ordinance provides that the City Council shall approve such an 40 exchange if it makes certain findings enumerated in the Ordinance; and 41 42 WHEREAS, the City Council does hereby make such findings, to-wit: 43 44 (1) the acquisition of the proposed Exchanged Area in lieu of the Released Area 45 does not adversely affect the City's interests in accomplishing the purposes of the 46 Ordinance; 47 (2) the proposed Exchanged Area meets all of the eligibility requirements set 48 forth in Section 7 of the Ordinance; 49 50 (3) the Exchanged Area is of at least equal fair market value, is of greater value 51 as permanent open space, and of as nearly as feasible equivalent usefulness and location 52 for use as permanent open-space land as the Released Area; and 53 54 (4) the consideration for the acquisition of the Exchanged Area consists solely of 55 the extinguishment of the Released Area. 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 58 VIRGINIA BEACH: 59 60 That subject to the determination of the City Attorney that there are no defects in 61 title to the Exchanged Area or other restrictions or encumbrances thereon which may, in 62 the opinion of the City Attorney, adversely affect the City's interests, the City Manager is 63 hereby authorized and directed to execute the necessary documents pursuant to which the 64 City releases the existing Preservation Easement on the Released Area, as shown on the 65 plat attached hereto as Exhibit A and incorporated herein, and acquires, in exchange 66 therefore, the Exchanged Area, as shown on said plat. 67 68 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 tday of 69 March , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Dept. of Agriculture L-u G C, City Attorne CA12934 PPications\CityLawProd\cycom32\Wpdocs\D024\P017\00112544.DOC R-1 March 3, 2014 Z ?Z ? N O ONO W C? 0 0o v, a°, -o ? o rn o cd z- o? m N 31'49'47" ?J co ?? j z"O 213.79' ? N31'51'04"Ei N nj J ? ? o? ? ? ?, ? 201.20' a? U, c,, o? o= Jcc! ? - N 1 00 ? ui U) ? ?°D. N 27'09'57" E ? Z I ' ? 144.60' cy? C ?+ O 0) ? - O 7 7: ? m N? W cn (.? m ??o 0) 41? 0) CD CD -u r ??G) INC.i C, ? D C7 O ? ? V m Vl W - ?1 N ? S27'59'10"W ? r??i D D ` o z Co ? I?j (n c I? N fV m o cD ?c?? N ? ?,?o00 ? ? ?? o W o) a, o C (DG)? ? A p^1?m? c??°'o? ? c ? ? ? Ul J p cn S 25°36'05" W G,O ? 150.00' w w c n c" o ? ? cn o ? C MA TCHL EXHIBIT A (Page 1 of 3) :? v x ¦M.O'2mm¦ m D ;? A ?¦??¦¦?? D ? ? E. o ZZ ? v w R 5 rTl v yw 2 ? ? M m Z T ? 1', a ?m ? " ? p ? p ? n m ?' D = ZS N ? ike• D ? D C7? ? mm W n --I ? ? D ? D n?Z ? mc/) W W ?. 0 = m O mo " .6 `°? ? '? I?•I N< ? N ?'i ? z . _ q ;u m _. mc? Ac ' ?ZN ? Z 9 >o ? D W ?aN+ ? ? vA 1 m m m (7) m ? N ? o D ' v 11 ? p o w PP/NG!ySANNE Rp.40 (11M/s1B/.E' AN,, R?,J ?FORMERL y ,oU?yCO ROqo) V/RG/N/q RO!/TE 615 ? BB257 PG, 22 (MB >23, PG 55? W J ('1!B 280, O PG >O) EO l N 31'49'38" ? 367.20' E N 32'16'33" E?1 297.96' \ tn a nl C7 G7 D > = ? JC O J ?i Zrric? Z m Zm C*) -iS a i o °0 v i '- yirn II D a Wz ? ^n n> m ? ,,, aS ,,, ? m ? L ? n " , i o ??°m o?Om ?y rn_°O °?m 0 ? Zr-?r<ac? ° ° ocDi)c?'i? L"'cDi?Xcmi? r *i a m r o? ? ?r? cy M ? ?M m? ooa c x`"'"a ''zo -0 pz?o ? Zza 'Y 0-1 xD0 Z7 -i ?Tt o? wa ? zX? c 4xm mo ?o a?rn ?? p p D O > p to > -in^?ycn T ++o r D ? n D "Zy?o J t?I I11 c? m ?-< o R, z Z EXHIBIT A 4pnnn I nf '21 EXHIBIT A /Dnnn 't nf A1 LOCATION MAP -50- Itent -VII-J.Sb ORDINANCES/RESOL UTIONS ITEM #63593 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance/Resolution to AUTHORIZE and DIRECT the Ciry Manager to EXECUTE: b. An Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements Yoting: 11-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM 8 EASEMENTS 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 13 within the City; and 14 15 WHEREAS, since its inception of the ARP, approximately 9,223.61 acres of land 16 have been placed under easements restricting development of the land to agricultural 17 uses; and 18 19 WHEREAS, the General Assembly, by Chapter 806 of the 2013 Acts of 20 Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City is eligible to receive 30 contributions of funds from VDACS in reimbursement for certain costs the City incurs in 31 the course of purchasing ARP easements; and 32 33 WHEREAS, the City and VDACS desire to enter into an agreement wherein 34 VDACS will agree to reimburse the City for certain costs incurred by the City in the 35 course of purchasing ARP easements, up to a cumulative maximum amount of 36 $149,678.46, for a period of finro (2) years from the date of the agreement; and 37 38 WHEREAS, a copy of the proposed agreement befinreen the City and VDACS, 39 entitled "Intergovernmental Agreement Befinreen Virginia Department of Agriculture and 40 Consumer Services and The City of Virginia Beach," dated December 31, 2013 (the 41 "Agreement"), is on file in the City Clerk's Office; and 42 43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 44 Exhibit A; and 45 WHEREAS, the City Council finds that the terms of the said Agreement are fair 46 and reasonable and would be of significant benefit to the City and its citizens by 47 providing an additional source of funds for the purchase of ARP easements. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 52 That the City Manager is hereby authorized and directed to execute the 53 Intergovernmental Agreement befinreen the Virginia Department of Agriculture and 54 Consumer Services and the City of Virginia Beach, dated December 31, 2013, so long 55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 56 A, and incorporated herein, and such other terms, conditions, or modifications as may 57 be acceptable to the City Manager and in a form deemed satisfactory by the City 58 Attorney, and to take such measures as are necessary or advisable to implement the 59 Agreement. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth of Virginia and the City of Virginia Beach. 68 llth 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of March , 2014. Approved as to Content: Approved as to Legal Sufficiency: ?- Dept. of Agriculture CA12 ??? pPlications\citylawprod\cycom32\wpdocs\d003\p013\00000033.doc R-1 February 12, 2014 Ma &,-a, Ik &?14 tz)-- City Attorney 2 EXHIBIT A Summarv of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $885,467.41 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 - $ 403,219.75 1/27/09 - 49,900.00 2/23/10 - 93,932.19 2/22/11 - 12,500.00 6/14/11 - 54,247.37 1 /24/12 - 110, 952.46 1/22/13 - 160,715.64 The City is now eligible to receive an additional $149,678.46 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $149,678.46 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. Utilize state funds to further protect agricultural lands by purchasing development rights. Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2013 through December 31, 2015). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the finro year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 -51- Item -V-J.6 ORDINANCES/RESOL UTIONS The following individual registered to speak: ITEM #63594 William Bailey, 644 Edwin Drive, Phone: 288-5761, President of the Virginia Beach Firefighters, stated he supports the Ordinance appropriating $3.8-MILLION for worker's compensation claims; however, he expressed concern over there being no cost cover protection. As with Healthcare, the costs are going to continue to escalate. The workforce is getting older and the risk of on-the job injuries will continue to increase. Mr. Bailey thanked the Cityfor their efforts to ensure Firefighters that are injured on the job are taken care of. Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to APPROPRIATE $3, 800, 000 to the Risk Management Internal Service Fund FY 2013-14 re compensation claims Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay. None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 AN ORDINANCE TO INCREASE APPROPRIATIONS TO THE 2 RISK MANAGEMENT INTERNAL SERVICE FUND TO PAY 3 INSURANCE PREMIUMS AND WORKERS' 4 COMPENSATION CLAIMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $3,800,000 is hereby appropriated, with revenue from fund balance (cash 9 balance) of the Risk Management Internal Service Fund, to the FY 2013-14 Operating 10 Budget's Risk Management Internal Service Fund for insurance premiums and Workers' 11 Compensation payments. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 t h day of March 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Se ices APPROVED AS TO LEGAL SUFFICIENCY: CA12901 R-1 February 26, 2014 -52- Item -VII-7.a?b/c ORDINANCES/RESOL UTIONS ITEM #63595 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $439, 731 to the FY 2013-14 Schools Operating Budget: a. $315,491 from Operations and Maintenance to Technology b. $120, 678 from Instruction to Technology c. $ 3, 562 from AdministYation to Technology Yoting: 8-0 Council Members Poting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2013-14 SCHOOL OPERATING BUDGET WHEREAS, the School Board requests, by resolution adopted February 18, 2014, a transfer of funds from various classifications to the technology classification to purchase iPads, printers, printer cartridges, computers, monitors, computer supplies, laptops, computer soffinrare, license fees, and technological services; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $439,731 is hereby transferred within the FY 2013-14 Schools Budget (115 Fund) in the amounts set forth below: 1. $120,678 from the Instruction Classification to the Technology Classification; 2. $3,562 from the Administration Classification to the Technology Classification; 3. $315,491 from the Operations and Maintenance Classification to the Technology Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of March , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , ? t and Managemen, City ,? s O ice *Vi Budge CA12900 R-1 February 26, 2014 91M. R.A,O aTY URIc samcs hKf A a aF Th E cuA ve School Baard of the Gity of Yrginia Beach 2512 George Mason brive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757)263-1016 (Sheila S. Magula, Ed.D., Superintendenk Daniel D. "Dan° Edwards, Chairman District 2 - Kempsviile William J. "Bill" Brunke, lY, vice-Chairman District 7 - Princess Mne Beverly M. Anderson, At-Large Emma L"Em" Davis, district 5- Lynnhaven Dorothy M. "Dottie" Holtz, At-Large Joe! A. McDonald, District 3- Rose Hali Robert N. °Babby" Melatti, At-Large Samuel G. "Sam" Reid, DisUict 8- Beach Elizabeth E. Taylor, At-Large Lecnard C. Tengco, District 1- Centerviile Carolyn D. Weems, District 4- Bayside RESOIUTION REGARDING Flf 2013-14 BUDGET AND REQUE5T FOR CATEGORICALjFUND TRANSFERS 1NHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board af the City of Virginia Beach, Virginia by major Categary; and WHEREAS, the Cade of Virginia §22.1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the Schoal Administration has determined that a number of schaals and departments have technolagy-related spending needs that require categoricalJfund transfers to enable such purchases such as: iPads, printers, printer cartridges, camputers, manitors, computer supplies, laptops, computer software, license fees, technofogical services; and WHEREAS, the following budget transfers are recommended by the School Administration: ? Total af $120,678 fram Operating Fund 115 - Instruction to Operating Fund 115 Technalagy Categary • Total of $3,562 from Operating Fund 115 - Administratian ta Clperating Fund 115 Techna{ogy Category • Tatal af $315,491 from Operating Fund 115 - Operations & Maintenance to Fund 115 Technology Category; and WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related expenses, and WHEREAS, transfers between categories/funds must be appraved by the City Cauncil priar ta expenditure af such funds by the Schoal Board NOW, 7HEREFORE, BE IT RESOLVED: Thet the Schoo! Board appraves and affirms the above listed recammended uses of these funds; and be it FURTHER RESOEVED: That the Schuol Board requests that the City Cauncil approve the budget categorical/funds transfers shown above; and be it FlNALLY RESOLVED: That a capy of this Resolution be spread across the afficial minutes of this School Board, and the Clerk of the School Board is directed ta deliver a copy af this Resolution to the Mayar, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 18#h day of February 2014 Daniel D. Edwards, Chairman sEaL ATTEST: ?. Dianne P. Alexander, Clerk of the Board -53- Item ADD ON ORDINANCES/RESOL UTIONS ITEM #63596 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to the Virginia General Assembly REQUESTING Budget Adoption for the 2014- 2016 Biennium as soon as possible and separate Medicaid expansion from the budget so that a budget may be promptly adopted. Voting: 8-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members flbsent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 REQUESTED BY MAYOR SESSOMS A RESOLUTION OF THE CITY OF VIRGINIA BEACH TO THE VIRGINIA GENERAL ASSEMBLY REQUESTING BUDGET ADOPTION FOR THE 2014-2016 BIENNIUM AS SOON POSSIBLE 1 WHEREAS, the General Assembly has adjourned Sine Die for the 2014 Session; 2 and 3 4 WHEREAS, the General Assembly failed to complete one of its fundamental 5 duties: adopting a budget for the next biennium and amending the current biennium 6 budget; and 7 8 WHEREAS, the fiscal year for local governments begins on July 1St and local 9 governments are developing their budgets, which must be adopted before the beginning 10 of the new fiscal year; and 11 12 WHEREAS, the General Assembly has been unable to reach a decision on 13 adopting a budget because of the question of expanding medical services and other 14 benefits to those who would qualify for Medicaid; and 15 16 WHEREAS, the Senate has adopted a managed care program that would 17 replace the traditional federal model of Medicaid with a free market based alternative 18 that: reduces the need to increase premiums paid by individual employers to cover the 19 cost of the uninsured; expedites the return of Virginia's existing tax dollars to the 20 Commonwealth; protects taxpayers by limiting the growth in healthcare spending and 21 ensuring the taxpayers will be held harmless should the federal government fail to meet 22 its healthcare funding commitments; and increases enforcement efforts to reduce 23 consumer fraud, waste and abuse; and 24 25 WHEREAS, the City Council in its 2013 and 2014 Legislative Agenda has 26 requested the expansion of Medicaid, which the Senate plan would accomplish; and 27 28 WHEREAS, many business groups-including the Virginia Chamber of 29 Commerce and the Hampton Road Chamber of Commerce-and many hospitals have 30 supported similar efforts; and 31 32 WHEREAS, the Governor has called a special session of the General Assembly 33 for March 24, 2014, to finish the work on the budget; and 34 35 WHEREAS, it is likely that the passage of the budget requires that the expansion 36 of care to the uninsured and the less fortunate citizens of Virginia be separated from the 37 adoption of the budget in order for the budget to pass. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That the City Council requests that the General Assembly quickly adopt a 43 budget for the next biennium and amend the current biennium budget at the Special 44 Session; and 45 46 2. That the City Council requests that the General Assembly separate 47 Medicaid expansion from the budget so that a budget may be promptly adopted by the 48 General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia this 11 th day of March , 2014. APPROVED AS TO LEGAL SUFFICIENCY 5177711 City Attorney's Offic CA12923 R-2 March 11, 2014 -54- Item -VII-K PLANNING 1. CLASTONLINEBERRY, JR. 2. CRON'N CASTLE USA, INC. 3. ERIKHOMES, LLC 4. EBONY PITTMAN 5. AIR STATION GENERAL, L. C. 6. VANGUARD LANDING 7 CITY OF VIRGINIA BEACH ITEM #63597 VARIANCE RELOCATION OF NONCONFORMING USE SPECIAL EXCEPTION CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING & CONDITIONAL USE PERMITS March 11, 2014 -55- Item -VII-K PLANNING ITEM #63598 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2(DEFER TO APRIL 8, 2014), 3, 4, S(MARTINABSTAIN) and 6a?b of the PLANNING AGENDA. Voting: 8-0 Council Members Tjoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -56- Item -VII-K.Z PLANNING ITEM #63599 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of CLASTON LINEBERRY, JR for a Variance to the Subdivision Rejzulations, Section 4.4. (b) of the City Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CLASTON LINEBERRY, JR for a Variance to the Subdivision Regulations, Section 4.4. (b) of the Ciry Zoning Ordinance (CZO) at 5036 and 5040 Blackwater Road (GPIN 1389978355; 1389975349) DISTRICT 7- PRINCESS ANNE The following conditions shall be required.• 1. The Subject Parcel shall be subdivided substantially, in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel A"; dated October 2, 2013, and prepared by Bonifant Land Surveys, Inc. Said Plat has been exhibited to the Virginia Beach City Council and on file in the Virginia Beach Planning Department. 2. A Subdivision Plat shall be recorded prior to the approval of the single family Site Plan for Parcel AI 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 Eleventh day of March, Two Thousand Fourteen March 11, 2014 -57- Item -VII-K.1 PLANNING ITEM #63599(Continued) Voting.• 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent.• Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -58- Itena -VII-K.2 PLANNING ITEM #63600 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO APRIL 8, 2014, BY CONSENT, Application of CROWN CASTLE LISA, INC. for a Relocation of a Nonconforming Structure (communication tower) at Meadow Ridge Lane DISTRICT 7- PRINCESS ANNE Voting: 8-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -59- Item -VII-K.3 PLANNING ITEM #63601 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of ERIK HOMES, LLC for a Special Exception fo Alternative Compliance to the Oceanfront Resort Form-Based Code re building regulations at 22"d Street DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ERIK HOMES, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort Form- Based Code re building regulations at 22"d Street (GPINs 2427084543; 2427083582; 2427083521) DISTRICT 6- BEACH The following conditions shall be required: 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 Site Plan entitled "404, 412, & 414 22"d Street Conceptual Site Plan, " dated January 8, 2014, (Rev.2) as prepared by Land Planning Solutions. Said drawing has been exhibited to the City Council and on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions, or as a result of reviews under the International Building Code, the dwellings on the Site shall be substantially as shown on the drawing entitled "PROPOSED 2.5 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes, " January 9, 2014, as prepared by J. Bengtson, and the drawing entitled "PROPOSED 2 STORY BRICK AND FRAME SINGLE FAMILY DWELLING PREPARED FOR: Erik Homes, " dated .Ianuary 9, 2014, as prepared by J. Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. All interior lot lines shall be abandoned prior to approval of the Development Site Plan. 4. The three (3) existing curb cuts on 22"d Street shall be removed. 5. The applicant shall make all right-of-way improvements as required for 22"d Street and .215" % Street and as further required by Public Works / Traffic Engineering and Planning / Development Ser-vices Center as part of Development Site Plan review. 6 All walkways, patios and parking spaces shall be constructed of permeable materials. The interior walkways shall differ in appearance from the public sidewalk along 22"d Street. 7. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping depicted on the Plans referenced by Condition No. 1. March 11, 2014 -60- Item -11II-K.3 PLANNING ITEM #63601(Continued) 8. All mechanical eguipment, including but not limited to HVAC units, shall be screened' year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the Plan referenced by Condition No. 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject Site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. H. Materials shall substantially conform to the Standards submitted by the applicant and included as part of this approval. Said Standards are undated and entitled "Custom Features, " and are on file in the Department of Planning This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Advpted by the Ciry Council of the City of Virginia Beach, Virgiriia, on the Eleventh day of March, Two Thousand Fourteen Yoting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -61- Item -VII-K.4 PLANNING ITEM #63602 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive DISTRICT 7- PRINESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of EBONY PITTMAN for a Conditional Use Permit re Family Child Home Daycare at 2252 Margaret Drive (GPIN 1474863796) DISTRICT 7- PRINESS ANNE The following conditions shall be required: The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. Hours of operation shall be 7: 00 A.M. to 6: 00 P.M., Monday through Friday. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. When the Daycare is not open for business, all play equipment associated with the Daycare shall be located behind the front faqade of the house. 6 A non-illuminated sign, not more than one (1) square foot in area, identifying the Daycare may be mounted flat against the house. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said License in good standing shall result in revocation of this Conditional Use Permit (CUP). 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the dwelling as a Family Daycare Home. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of March, Two Thousand Fourteen March 11, 2014 -62- Item -VII-K.4 PLANNING ITEM #63602(Continued) Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -63- Itenz -VII-K. S PLANNING ITEM #63603 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self-storage at 1889 Virginia Beach Boulevard DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of AIR STATION GENERAL, L.C. for a Conditional Use Permit re self-storage at 1889 Virginia Beach Boulevard (GPIN 2407468073) DISTRICT 6- BEACH The following conditions shall be required: With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the Site shall be developed substantially in conformance with the Site Plan entitled, "AIR STATION STORAGE, " dated 12102113, as prepared by Martin Engineering Civil Solutions. Said document is on file at the Virginia Beach Planning Department. 2. Structures to be located on the Site shall substantially conform to the submitted Architectural Elevation and rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA, " dated 11126113. Said documents aYe on file at the City of Virginia Beach Planning Department. 3. Fencing shall substantially conform to the Architectural Rendering entitled, "EXPANSION FOR AIR STATION STORAGE VIRGINIA BEACH, VIRGINIA, " dated 11126113. Fencing materials shall include a stone base and metal spires and rails. 4. The signage as shown on the referenced Architectural Rendering is not approved as part of this Conditional Use Permit (CUP). Signage for the building and Site shall meet the Sign Regulations of the City Zoning Ordinance (CZO). 5. The applicant shall meet all requirements of the Purchase Agreement between the City of Virginia Beach and Air Station General, L.C. This purchase agreement will remain on file with this Use Permit at the Virginia Beach Department ofPlanning. 6 The applicant shall make all revisions as required by the Chesapeake Bay Board 's determination ftom the .Ianuary 27, 2014 meeting. As allowed by Section 221(1) of the Zoning Ordinance, and based on a finding by the City Council, there will be no significant detrimental effects on the surrounding properties by such action. A deviation to the required side yard setback, as specified in Section 902(a)(5) of the City Zoning Ordinance (CZO), is permitted as follows: the Southern side yard setback may be reduced to a minimum of 10'1 " instead of 35' as required. March 11, 2014 -64- Item -VII-K.5 PLANNING ITEM #63603(Continued) This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of March, Two Thousand Fourteen Voting: 7-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay. None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood Council Members Abstaining: Brad Martin March 11, 2014 IA- ? ?y:yp?? dlMh' .a fK ??.t$s s N a?c.F aUR NAT%0,,? BRAD MARTIN, P.E. COUNCILMAN -AT LARGE ln Reply Refer to 0051504 March 11, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: V BgOV. COIYI PHONE: (757) 689-4840 CELL: (757) 574-5454 BMartin@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3ll 5(F), Code of Virginia, I make the following declaration: 1. I am executing this written diselosure regarding City Council's discussion and vote on the application of Air Station General, L.C. (Applicant)/City of Virginia Beach (Owner) for a Conditional Use Permit for self-storage at 1889 Virginia Beach Boulevard. 2. Martin Engineering, LLC is the applicant's engineer for this project. 3. I have a personal interest in Martin Engineering, LLC, which is located at 1060 Lynnhaven Parkway, Suite 111, Virginia Beach, VA 23452. 4. 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. City of Virginia Beach 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 Mrs. Ruth Hodges Fraser -2- Rc: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, X'rD. Martin Councilmcmber March 11, 2014 F3DM/RIZI -65- Iteni -VII-K 6a/b PLANNING ITEM #63604 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Applications of VANGUARD LANDING at Princess Anne Road.• a. Conditional ChanQe o ZoninQfrom AG-1 and AG-2 to Conditional B-IA b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outdoor recreational facilities and horses for hire/boarding DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of VANGUARD LANDING at Princess Anne Road.• a. Conditional Chan?e o Zonin from AG-1 and AG-2 to Conditional B-IA An Agreement encompassing proffers shall be filed with the Clerk of the Virginia Beach Circuit Court. b. Conditional Use Permits re housing for disabled, commercial kennel, assembly use, indoor/outdoor recreational facilities and horses for hire/boarding (GPINs 2413098432; 2413196111; 2413191792; 2416199845) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the property shall be developed in substantial conformity with the Conceptual Site Plan entitled "Conceptual Master Plan of Yanguard Landing, Virginia Beach, Virginia, " prepared by MSA, P.C., and dated September 30, 2013, (the "Site Plan'), a copy of which Concept Plan has been exhibited to the City Council is on file with the Department of Planning. 2. With the exception of any modifications required by Building Code, the Architectural Design of the buildings constructed on the property related to the Conditional Use Permits (CUP) for housing for the disabled, outdoor recreation facilities, indoor recreation facilities, commercial kennel and assembly uses, when developed, shall be consistent with a"modern rural " style, including elements (such as roof dormers and cupolas) depicted on a Conceptual Exhibit entitled "Vanguard Landing, Conceptual Images for Master Site Plan, " prepared by Burgess & Niple, a copy of which has been exhibited to the Virginia Beach City Council and on file with the Department of Planning. No building permit shall be issued for any building for the Conditional Use Permits (CUP) until an elevation for such building has been submitted to and approved by the Director of Planning. 3. All signage, freestanding or building, related to the Conditional Use Permits (CUP) for housing for the disabled, outdoor recreation facilities, indoor recreation facilities, commercial kennel and assembly uses shall be consistent, in terms of style and materials, with a"modern rural " and "coastal county" sryle, March 11, 2014 -66- Iterrc -V-L.6 PLANNING ITEM #63604(Continued) reflective of the exhibit referenced in Condition No. 2 above, and shall be submitted to the Director of Planning for consideration and must be approved by the Director prior to issuance of a sign permit. 4. Horse shows, open to the public, are limited to four (4) per calendar year. 5. Commercial concerts, music audible at any property line and outdoor paging systems shall be prohibited. 6 All outdoor lighting shall be directed toward the Site and any pole lights shall not exceed a height offourteen (14) feet. 7. All animal waste shall be disposed of in a lawful manner. Horse pastures shall be fenced so that no animal can be within fifty (50) feet of the existing ditch creek along the EasteYn portion of the property. This Ordinance shall be effective in accoYdance with Section 107(f) of the Zoning Ordinance. Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Eleventh day of March, Two Thousand Fourteen Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -67- Itein -VII-K.7 PLANNING ITEM #63605 The following individuals registered to speak: Jeryl Rose Phillips, Comprehensive Planning Coordinator, City of Virginia Beach, advised this Amendment is at the request of City Council. This Amendment ADDS The Suburban Focus Area (SFA) 9, North General Booth BoulevaYd Corridor, AMENDS SFA 4, Virginia Aquarium and Owls Creek District, ADDS Land Use Guidance for SFA 9 and REVISES the Policy Document. Lucynthia Rawls, 1208 General Street, Phone: 748-1340, spoke in FAVOR, stating she feels the car dealership will have a positive effect on the neighborhood and provide tax revenue from this parcel of land back to the City. Charles Jefferson, spoke in FAVOR, stating he feels the car dealership will have a positive effect on the neighborhood by creating jobs. Mr. Jefferson advised he has been assured by the dealership that they will hire from within the community. Mark French, 1302 Eaglewood Drive, Phone: 581-3893, spoke in OPPOSITION, and advised he has lived in Redwing for the past twenty-one (21) years. He expressed concern regarding removing the area at the front of the neighborhood being detrimental to the property value of the homes. Christine French, 1302 Eaglewood Drive, Phone: 581-3893, spoke in OPPOSITION, advised she has lived in the neighborhood since 2000. Mrs. French went door-to-door in the neighborhood and has 35- signatures on a Petition Opposing the Amendment to the Comprehensive Plan, which is made a part of this record. Apyil Langley, 1253 Eaglewood Drive, Phone: (224) 280-9534, spoke in OPPOSITION, and advised she has lived in Redwing for the past two (2) years. She enjoys seeing all of the childYen playing throughout the neighborhood. She expressed concern regarding the dealership's customers test driving through the neighborhood and the danger it will create for the children playing. Mrs. Langley Yequested, at a minimum, a traffic study be completed before approving the Amendment to the Comprehensive Plan. Bronson Coates, 1260 Eaglewood Drive, Phone: 604-2246, spoke in OPPOSITON, stating the traffic around the neighborhood is horrendous. Mr. Coates suggested using the space as open space and turning it into a park where it will better serve the neighborhood. He expressed concern regarding the dealership's customers test driving vehicles through the neighborhood that will cause a danger to the children playing. Susan O'Neill, Phone: 377-3128, spoke in OPPOSITION, and advised she has lived in Redwing for twenry-five (25) years. The pYOposed car dealership will lower the value of their homes. Redwing is, in a sense, "Workforce Housing ", as most family qualify. The City recently purchased properties near the intersection of First Colonial and Great Neck Roads. Residents believe Redwing deserves the same kind of advantage. Tim Enstize, 1431 Chickady Lane, Phone: 289-1729, spoke in OPPOSITION, and advised he has lived in Redwing for eleven (I1) years and is a membeY of the Civic League Member. Mr. Enstize stated the Comprehensive Plan has specific principles: ` preserve neighborhood quality and provide open space ". The wooded area is an asset to the neighborhood and if removed the property values will decrease. The Urban Forest Plan advances economic vitality and he requested the Comprehensive Plan be amended to protect the old SPCA site as open space. March 11, 2014 -68- Johfi Coker, 1265 Eaglewood Drive, Phone: 202-3282, spoke in OPPOSITION. He advised he sent an email to City Council expressing his concerns; however, he felt it important that he appear in person as well. The other retail establishments in this location have struggled financially and many have gone out of business. The proposed car dealership is not a"neighborhood fi•iendly anchor ". He also expressed concerns regarding BRAC as this property is in the direct path to the alternate runway at Oceana. Upon motion by Councilman Uhrin, seconded by Councilman Martin, City Council WDEFINATELY DEFERRED, Application of the CITY to AMEND the Comprehensive Plan to ADD the Suburban Focus Area (SFA) 9, North General Booth Boulevard CorYidor, AMEND SFA 4, Virginia Aquarium and Owls Creek District, ADD Land Use Guidance for SFA 9 and REVISE the Policy Document DISTRICT 6 - BEACH Voting: 8-0 Council Members Troting Aye. Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Yoting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -69- ITEM VII-L APPOINTMENTS ITEM #63606 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE INVES TIGA TI VE REVIEW PANEL PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITIONAREA/ITA TRAFFICAREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION March 11, 2014 -70- ITEM VII-L APPOINTMENTS ITEM #63607 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: GUTA CALIWAGON VICKY GRAY SIISAND. HELLSTROM Three Year Term 04101/2014 - 0313012017 and APPOINTED: CAROLYN ROGERS-JACKSON Three Year Term 0410112014 - 0313012017 HEALTH SERVICES ADVISORY BOARD Voting: 8-0 Council Members Voting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -71- ITEM VII-L APPOINTMENTS ITEM #63608 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: RICHARD CLAY WHITE - ALTERNATE Three Year Term 0310112014 - 0212812017 PERSONNEL BOARD Yoting: 8-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Poting Nay.• None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -72- ITEM V-M APPOINTMENTS ITEM #63609 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ALEX KALASINSKY Three Year Term 0110112014 thru 1213112017 VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION (VBCDC) Voting: 8-0 Council Members Yoting Aye: Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer Amelia N. Ross-Hammond James L. Wood March 11, 2014 -73- Item -VII-O ADJOURNMENT ITEM #63610 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:15 P.M. Amanda Finley-Barnes, CMC ? Chief Deputy City Clerk ? uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor March 11, 2014 -74- PUBLIC DIALOGUE William Bauer, 1048 Coastway Drive, Phone: 635-6383, advised he works in Public Works Department and has received three (3) promotions over his thirteen (13) year career. Mr. Bauer expressed concern regarding the increases proposed for health insurance premiums and is going to be forced to decline health insurance and pay the government's penalty. He advised his pay does not qualify him for Wot°kforce Housing. He was fortunate to purchase a townhouse years ago and can afford his mortgage. Mr. Bauer stated the morale in public works is terrible and everyone is trying to survive. Francisco Plasencia, 442 Williams Road, Phone: 532-4934, advised he, too, has worked for the City for the past thirteen (13) years; however, he has not seen a net increase for the past three (3) years. His proposed Health Care Premiums increase will be 88%. He requested the current proposal be revised. The Health Care increase puts a burden on the employees and, hopefully, it is not yet a done deal. William Bailey, 644 Edwin Drive, Phone: 288-5761, President of the Virginia Beach Firefighters, advised he is prepared to give the "State of the Employees" speech, in anticipation of the Mayor's upcoming "State of the City ". Mr. Bailey advised the first gentleman that spoke "summed it all up ". The increase in Health Care Premiums for retiYees will force employees to work longer which only increases the risk of injury, which in turn, will increase workers compensation claims. Mr. Bailey stated we all love the City and rnust remember we are all on the same team. Trenace Riggs, 3608 Brannon Drive, Phone: 403-3573, president of Virginia Beach Educator's Association, expressed concern regarding the increase in costs of benefits and the small salary increase. She advised that everyone works daily to ensure citizens receive services and Schools do not face cuts to student programs. Employees continue to take home less pay year after year and employees are just "making it". Ms. Riggs requested City Council provide the additional funds for Schools to provide a 5% pay razse. Ken Chord, 2536 Clubhouse Drive, Phone: 693-0105, expressed concern regarding the Mayor's affiliation with organizations that are trying to confiscate guns. On January 30, 1995, Eric Holder stated government was going to "brainwash" people in an effort to confiscate guns and now the ` Authorztarians " are censoring guns on Facebook and he stated Mayor Sessoms has no right to promote that type of agenda. Bryan Stevenson, 621 Antioch Street, One of City Council's concerns was the State Law that "any dog caught killing a chicken would be killed" and that has now changed. On July Is`, the new law takes effect that allows Animal Control Officers the option to kill or capture a dog that has killed a chicken. The City of Chesapeake had a one (1) year Sunset Clause and there were no incidents reported during that time March 11, 2014 -75- period. Mr. Stevenson advised that he would like to have a Member of City Council support backyard hens and draft a City Ordinance for consideration, once the Budget has been adopted. Erik Wagner, 5456 Shell Road, Phone: 407-4528, spoke in support of Backyard Hens. Mayor Sessoms' previous stance was not in support of bachyard hens and Mr. Wagner hopes that has now changed with the new State Law. He requested one member of City Council support backyard hens and draft a City Ordinance for consideration. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, stated the first gentleman that spoke tonight Yepresents a majoriry of the City; lots of people feel like they don't have a voice. The election system in place is wrong and the time has come when change is needed. He is not concerned about himself but for his children and grandchildren. Mr. Wright stated every citizen deserves fair representation and Members of City Council should start being accountable. Christine Ross, 749 Whistling Swan Drive, Phone: 905-0265, requested the Ciry close the Abortion Cliraics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Yenus Marshall, (757) 289-5602, stated she agrees with Mr. Wright in that every voice has a right to be heard. She stated it is time the right people get into office to ensure that every citizen is heard. Ms. Marshall advised she will continue to be persistent and educate people regarding the lack of accountability public officials have under the current election system and the benefits of a true "At Large " system. The Public Dialogue re Non-Agenda Items concluded at 7:48 P.M. March 11, 2014