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MARCH 25, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Lmge VlCE MAYOR LOCI/S R. JONES, Bnvside - Dish-ict 4 ROBERT M. DYER, Ceriteivi!!e - District 1 BARBARA M. HENLEY, Princess Aiane - Dish•ict 7 SHANNON DS KANE, Rose Hnll - Dish-ict 3 BRAD MART/N, P.E., At Lm-ge JOHND.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - Dish•ict 2 JOHN E. UHRlN, Bendi - District 6 ROSEMARY W/LSON, At Large JAMES L. WOOD, Lvru:lraven -Distric! S CITY COUNCIL APPOINTEES ClTY MANAGER - JAMES K. SPORE C/TYATTORNEY- MARK D. STlLES C/TY ASSESSOR -- JERALD D. BANAGAN CITYAUD(TOR-LYNDONS. REMlAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA ' 25 March 2014 CITYHALL BUILDING 2401 COURTHOUSE DRLVE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAlL: Ctycncl@vbgov.com 1. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. 1NTERIM FINANCIAL STATEMENT Patricia Phillips - Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson Pastor, Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES L INFORMAL and FORMAL SESSIONS March 11, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. CHILD ABUSE PREVENTION MONTH Bessie Marie Renner, Executive Director, Prevent Child Abuse Hampton Roads James Cervera, Police Chief Danette Smith, Director - Human Services 1. PUBLIC HEARINGS 1. LEASE OF CITY-0WNED PROPERTY Fourteen (14) Atlantic Avenue Cafe Franchises 2. EXCESS CITY-OWNED PROPERTY 1889 Virginia Beach Boulevard 3. SPECIAL SERVICE DISTRICT (SSD) Middle Plantation - Gill's Cove 4. POLLING PLACE CHANGE Old Donation Precinct J. PRESENTATION OF FY2014-15 RESOUCE MANAGEMENT PLAN (BUDGET) James K. Spore, City Manager Catheryn Whitesell, Management Services K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §6-5 re Animals on the Beach and adjacent areas b. § 10-1 re change of Polling location of the Old Donation Precinct to Calvary Baptist Church, 4832 Haygood Road c. ADD §35.3-12 to CREATE and LEVY additional real estate taxes re the Gills Cove Neighborhood Dredging Special Service District (SSD) 1) CREATE the necessary Capital Project and TRANSFER $24,000 re engineering and design 2. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of: DISTRICT 6 - BEACH a. Property at Lake Rudee, adjacent to 606 Goldsboro Avenue, to Ronald G. and Tarah D. Kiser to subdivide the property into one lot b. 1889 Virginia Beach Boulevard to Air Station General, LC for self-storage 3. Ordinance to AMEND the 19t" Street Corridor Improvements Project re study and design of an Arena within the development projects 4. Ordinance to GRANT Franchise Agreements for ( a. 18th Street Boardwalk Cafe b. Baja Cantina Atlantic Avenue Side Street Cafe C. Fish Bones Restaurant Connector Park Cafe d. Il Giardino Atlantic Avenue Side Street Cafe Ipen Air Cafes in the Resort Area: 1801 Atlantic Avenue 206 23rd Street 1211 Atlantic Avenue 910 Atlantic Avenue e. King of the Seat Atlantic Avenue Side Street Cafe f. Laverne's Connector Park Cafe g. Manhattan Atlantic Avenue Sidewalk Cafe h. Scrambled Atlantic Avenue Sidewalk Cafe 1. Seaside Galley Boardwalk Cafe j. The Beach Club Boardwalk Cafe k. Tortugas Boardwalk Cafe 1. Tortugas Connector Park Cafe M. Tropical Smoothie Atlantic Avenue Side Street Cafe n. Waterman's Connector Park Cafe 2612 Atlantic Avenue 701 Atlantic Avenue 812 Atlantic Avenue 910 Atlantic Avenue 1401 Atlantic Avenue 901 Atlantic Avenue 3400 Atlantic Avenue 3400 Atlantic Avenue 211 25th Street 415 Atlantic Avenue 5. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert and Pearl Crichton DISTRICT 7 - PRINCESS ANNE 6. Resolution re APPEAL to the City Council re the decision the Police Chief to deny a Secondhand Dealer Permit to Samantha Elizabeth O'Donald 7. Ordinance to ACCEPT and APPROPRIATE $25,209 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re salary increases and training J. PLANNING 1. Application of ALICIA INMAN for a Conditional Use Permit re personal training and group exercise services at 2173 Old Pungo Ferry Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE The following items were advertised but are recommended for DEFERRAL to APRIL 22, 2014: a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities. b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Section 233.02, re Standards for Drugstares with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003, re ADDING drive- through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District. Conditional Use Permit (City/S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures: 1) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road) 2) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road) 3) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) K. APPOINTMENTS GREEN RIBBON COMMITTEE EASTERN VIRGINIA MEDICAL SCHOOL HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT FY 2014-201 S RESOURCE MANAGEMENT SCHEDULE April 1s1 Budget WorkshopBriefings Conference Room April 8`h Budget WorkshopBriefings Conference Room City City Council Meeting Council Chamber April 15Ih Budget WorkshopBriefings Conference Room April 22"d Budget Workshop/Briefings Conference Room City PUBLIC HEARING Council Chamber City Council Meeting May ls` PUBLIC HEARING KEMPSVILLE HS May 6`h Reconciliation Workshop Conference Room May 13'h City Council Meeting Council Chamber Vote on Budget CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZENDIALOGIIE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY CO UNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS J-1E morral I1cay -Mondcg, Mtg7 26 Inrlepearderrce Diq -1'r'irtrxj?, .Iuti, 4 Lahot• Drrv - I?ondcfY, Septerazber• I Veter•rcras° DcaY - Taac;sdiq, lVrlvcrreGer 11 Thank.sg-iviiT?,?l)c(v czrrrl L?qj> crf'ter• TTicrtaksgivitrg - Thrrrscta.v,A"oveanber- 2' and FricTcz}% Novernber- 2$ C'lar•isttrzas Eve (hutf-clcrt) - Wedneccla.t', Ileceniber^ 24 C/zrkttntrs Dcry -'1'liursrtcrv, Decetrtber- 25 ?************?*************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- 7 ? k. xdr ?.?? >``,J VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 25, 2014 Mayor William D. Sessoms, Jr., called to order City Council's InfornZal Session, in the City Council CoJZference Room, Tuesday, MaYCh 25, 2014, at 4: 00 P.M. Council Members Present: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 25, 2014 -z- SPECIA L INVITATION Mayor Sessoms welcomed representatives from the Virginia Stage Company, who, on behalf of Jake and Otto Wells, brothers that brought the Wells Theatre over 100 years ago. This beautiful paNt of Norfolk's history has been the home of the Virginia Stage Company for over three (3) decades. The Virginia Stage Company is celebrating their Centennial Anniversary on April 26`h to which they presented a special invitation to Mayor Sessoms and the Members of City Council. This amazing event will honor Norfolk Southern, a company that has supported the Wells and the Arts from the very beginning. The evening will consist of dining under the stars at the Tazewell Street Ballroom, one time only production of "100 years of futures past" live and silent auction and a risque romp followed by an after parry. March 25, 2014 -3- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611 4: 00 P.M. Mayor Sessoms introduced and welcomed Patricia Phillips, Director - Finance Department 1 » Moiiths • FY14 General Fund Revenues • FY14 Generai Fund Expenditures • Neatt Steps March 25, 2014 -4- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) The General Fund has budgeted Revenue of $982.8-MILLIONand Expenditures of $1,041.3-BILLIONfor the Fiscal Year 2013-2014. Collected to date, the Revenues: $480-MILLION and Expenditures: $692.6- MILLION. ? ::. . . ? • ? 1 ttS . .? y. . 1 0 .. , / . 1 a • ?? ? ? vx.r ? (in Eufflic:ris) ? ? ... : ?. . . . . . . ? ? . .. ? : : : : : ? - ? ? ? AnnuaL ?. . Budeet . YTD gcSyHj Variance ? . . . . . . . . . ' ?. Revenues . ? :Locai (83.1%?of budget) $ 816.3 $ 412.0 $ (404.3) ?State ?. .. (15?.1%ofbudget) 149A ? 56.5 (92.5) Eederal ? (1:8% oFbudget). 17.5 ? ? . 11S (6.0) Total Revenues $ ?.962.8- ? $ 460.0 Sf 502.B1 ? ?.Expendltures ? ? ? . . . ?. . . ... .. . ? . City ?Dpera[ions ? ? . . ? .. : . ? ? $ 639.9 ? ? $? 426.3 ?. ? . $. 213.6 '?..SchooiOperations. 401.4 . '... 266.3 135.1 ' .. TotalFxpenditures ? . . - $1,041.3? $692.6? ? ?$ 3489 Less Amounts Funded from Fund Balance ? .:.Encumbrances/Carryforwardsat6/30/13 ? 8.2 $? .. .. . ? . . ' City andSchool Capital Projects ? . ? 24.5 . .. ? ? . . . ? - School's Operating Budget 31 ? - -School Reversion 18.8 . . .. . .. . ?. ? - Thalia Station. Revitalization. 0.5 ? ?ArrearsConversion?Pay.... 3.4 ?? -???- AdJusted Expenditures $ ? ?982•$ Revenues do not come in equally. Revenues are at 48.8% of the estimated Revenue Budget: 1 `1oo% - --- - 100.1 YTD ACTUAL = $460.OM ? . f - ANNUAL BUDGET = $982.8M l' . : eow . _ . - _.. . *. 78.3% .... . . . r?? a 60%.:. E I _ . . _.. . _. .. .•°°?..:e^t 58.7% 46.8% 55.5% o .. 41.6% .?. 492% ? 45.1% y 32.6% e' 6 ? 281% ss 20%?.i 15.2% ?f;:? 43% 8.5% 13.9% 1 5% 42% 8.6% . (ul Aug ?Sep Oct? Nov Dec Ian ? Feb Mar Apr May Jun . . . . .. .. ? ? .. . ....a-RevTrend..... ?%o(FY14RevBUdBe[ March 25, 2014 -5- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) One of the most significant Revenues for the City is Real Estate which is at 52.6% of collection. March 25, 2014 -6- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) NB I ------------- BU DGE T $ 85.2 50% ieo . . ......... . .. . . .... .E74.7 7 E73 ... .. . f73.t . ? . . ? ?. 288.1 565.9 40% ? . 557.8 33.1.°Je ? 30.7°re 28.5°0 30% U s ; : . , 261% 22.6% r. C 237% 20.8% X , w% -- - 27.8 21A ? ? ?$30 17.3 17.8. .. 17.7.... 18A ? 17.8 10% o ` : ?? .? . . . . °x . $ ? FY2008 - . . .FY2009 ,LY1010 . .. FY2071 ? . ...FY2012 ? FY2013 .. . . FYY016? . . . . . -tu_alCd_.l - .: AC cH ? _ One OYTD . -_"'"I . TOWI ??h f . ? General Sales Tax is down less than 1%from this time last year. ? ? . .f80 . . . ? ?.so .. ... E54.1 61.3°i, ___? _-- 2.3% Up (rom FY11 ....... .... . . . . 557.4 551.7 550.3 82.4( 61.3% 812°lo. . .. . s53 4 SA5% .. BU .. . ... . E S55A .. .80.8.°/e DGE 58.0 T 9 0% ? ea% ? .. . . . 60% ? 4 S f 33.1 32 3 33.5 34.2 . 8 . 32.1 30 31.8 .8 . . : 9 0 ;.$30 .. .. . ?.? o.' C x $15 . . ? ?OX $O . :.. FY 2008 ?.. . : FY 2008 ? FY 2010 FY P011 FY 2011 . : FY 2013 . . . . . ? FY 4014 . , . -ACtuaIGIleclions oV?D March 25, 2014 -7- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) The Utility Tax is an extremely stable Revenue source: ?s? .....?. :.?: . .f _. ...:.°. . . :: ..?. ? .._.. aox 97XUpfromFY77 " BUDGET ? ? E25.0 S25.4 s24,9 $25.1 $25.1 ? : . .515 . . . . .... ... . . . . .. . ...... ? ? 60-4°io 809"l0 . . BOX .. ? 53.8°i 54.01 ? .. $20 .. . ..... .. . .. . ..... . . ?.8 . . ? Y 15.1 $15.2 14.e c; - 13 e '°x : _- s13.e . a ? - : .K ?- .. . 0 K:.. sro sox $s ? $o ox.?° . . ..... . FV2010 .... ?FY2011 . ? . FY3012 FY1013 ? FY2011 .. . . . . . .. ??.???A<tual - ..- , .- Collsclbn? OYTD -,6otTMal ???. . . . . . . . Telecommunications Taxes continue to decline: Sxa -.? aox? '... ? 3.6%DownimmFY73 ? $21.6 $20.3 BUDGET ? ? ? $? Et9.7 . E19s . 10.7 sox 55.2% 50.8% 50.3 % sos i ? ° . . +.. ? ? 48,3% ' ? 'i16. . .. .. .. . . . . . . - ...?+ .. 3 $71.0 E70.9 40% : .? 510.2 $9.9 . . .ED'S S10 . . . ??.?. X..?.. xoX .?.. ? $5 .. .. ... . .. . . . , ? ? oX? ,. .. . io . . . . . . ? .. . FY1010 . . . . ? FY 2071 FY 2074 . ?. FY 2013 .. . . . ? FY 2074 ? ? . . . ? ? ? : ...? ?. --m_AClualCOllecuona? oVTD ITobl March 25, 2014 -8- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) Business License is expected to make budget and is a good sign for the local economy: p . . 4 M` N 2.5% Up (rom FV73 BUDGET E44.2 $42.8 . ?. $41.3 $41.1 $40 . . BoX $38.7 - .o . ? ? $30 44.8t. 43.8°0 44A! 46.6°0 f' ?.. 38.5°!a 40,K.?2 ? : 7 ? :. .... 8 519.5 519.9 0 Q $20 $18.0 X. $17.0 $15.9 . : . . tOX.? ?.:. ita . .. . . ._', .. .. . . ? ?$O . . . ? . OX ?. ?. ? FY2070 .. . ? FY?I0 11 . : ? . ?. FY.2012 ? ? FY.2073? . . . ? ? : FY 2014 . . . . ? . ? : __.. . ? oAdualCOllscllons OVTD : _. _. _ .. _. " - ?/olTofal - - _? ? ? ? ? ? .. . ? . . . . The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. - ? ? ,bruary 28 , 008 - 2014 150X ? BUD6ET ? . O.EX Up from FY73 $6.1 . ... 725X $5.4 $5.2 E5.2 55.4 ?$5 . . . . . . .7 : . . 3 ; p 100% ? u 78. % ie. i 7a % 77. aa: % 4 77 D% S ? :.75% e $3 . ? .. . 1 o . . .t- o rc x . . '?. sox .. . ?$2 . ... .. ? ? 25% .. .ft .. . . 0%. . . ?$O ? . ?.?FV 2008 . . FY 2008 FY 2070 FY 2017 FY 2072 ? FY 2013. .. . . FY 2074 . . ... . . . ? . . . ? ? ? . .__ _"._.__ ?..?,. C?AclualC Ileclon? ?YTD .. -_. ._. - ???h tTotal ._ .' -__? .. . ?. ? - ? ? March 25, 2014 -9- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #6361I (Continued) im w w .$30 ________ - --- . ----- -- tw% . ?. 0 8% Up from iViJ BU DGE T . $25.6 $26 . ? ? $23.8 . .. . . . . 524.2 .... .. . . . ? 125X . ? $23.0 EZZ.B ?. ? 20.5 20.8 ',. . $YO ? 18.9 19.1 100Xe . ? 0 182 17.9 77.8 . . a. ? . . 7?- ! 76. % 77: "k 78. % 74. % 75 °/> Y .i?.. . .. ? - ..??? .. : .?.?t.. .? $10 . ! W%. ... $s 25% $o ? ? ox - . . . . FY 200! . . . ?. FY 4012 .. . FY TOOY . .. ' ? FY 7070 Fl't011 FY 2013 ? . ? . . FY 2011 . . ... -" ? ? ??ACNaICollsctionc OYTD ?%ofi -?. otal ?. . . .. .. .. March 25, 2014 -10- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) The City continues to do well with this Tax and fully expects to make Budget. ?• . ` ?i ! t 100x.. $?0 ? . .. . .. . .. .... 7.4%Up (rom FY73 . . . . . .. . .. BUDGET . . $ 37.1 535.7 . . $34A '. .. So% ? ? $32 $30.8 $30.8 ? $30 .9 ? 67.8°,'e 68.1% 67.4°io 67.7% 66.9No ' &fi "e ? ? ? .8 23 ? 24d .. ?eo% ? $sa? 22.7 20 8 21.0 a 2?.7 2o ? ? . . ? ? 1 ? 5 40% ? f18 . I=0%' SB . . $o . ? o%.?` '?. .: FY200! .. FY7009?. ?FY2010 ?. ?. . FY2011 PY2012 FY2013 ? . FY201{. . . . . F ?AeWalCOll ctlonn OYTD ? ?XO/TOfil ? ? ? . . . . . . ' .. 0 ? F f 07 • ebruary 14 2 . . .. . ..._ . .._ .._ ..._.b _ _ . ? ? _..?.. _ . _> . , t00Y 3.4%Upfiom FY13 BUDOET . . seo us., 255.3 $53.5 550.8 ? BoX .. $08.1 E46.4 S48.3 l .. t? 67.5/ 88.1°le 87.4f .. 67.1% o% .. 68.5%.... . 65 % g ? 37.0 38.3 , ?,? a ? 35.8 ? w a 32.5 32.9 32.7 33.9 . U. . 3aw _ ? ' +ox 5 c x, s+a p% ox ' so Frsooe Frsooe Fr2010 Frzo1i Fr2m2 Fltsota Flrsou . . .. ....?--?AC1ualGollectbm OYTD -?-Yoo(TOtal'.. . . March 25, 2014 -11- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) wi tin aruuaus} FY20141'I'D ? Budget $ % ? * Real Fstate Taxes $ 427.1 $ 224.5 52.6 % Personal Property Taxes 85.2 17.8 20.9 E Pets.Prop.TaxReliefAct 53.4 6.5 12.2 ? General Sales Tax 58.0 34.2 59.0 Utility Taxes 25.1 14.9 59.2 Telecoimnunications Taxes 19.7 9.5 483 ? ? Business Licenses 42.8 19A 46.6 * Hotel Taxes 6.1 4.7 77.0 * Restaurent Taxes 37.1 24.4 65.8 ? Charges for Services 60.6 32.6 53.7 Other Local Revenues 54.6 29.5 53A * State Revenues 95.6 50.0 52.3 ** * Federal Revenues 17.5 11.5 65.9 $ 982.8 $ 480.0 48.8 % * GFportion only *• % docs oot includc PP7RA port ion . March 25, 2014 -12- CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Contiiiued) Year to Date Expenditures are down 4.1 %from last year: t i. •+ ? ? + .i ? F . ? .. ? 1uo.ovc.? ?. i oar T - -- '--- • . VTD ACTUAL = $692.6M ANNUAL BUDGET = 51,041.3M ]R39ii 8? ? . _ ..._ .._ _ ? . 70.69b rK ? 62.61% „ ? ,? tib.SWo a. .60% SN Gu ae.n^!o e 51.2% F' ... 3fl4°,b `0 40% .... ._? ? .. .._. 36.0°,5 .. ? IN.4o'o 1 a . . 19.5% 27.4°/u 30% . .. iQ.7%r. 1).b% ?. . ? 11.440 ? ,..._-? ? 0%? ? ? - ?W ? Aug . ? 5ep Oct . . Nov ? Dec ? lan ? ?. Feti ? Mar ?. . ?Apr - ? May - ? Jun ?ExPenAHUreTrend?.. -M-%aofFY146PBudget... .. ? . . f0 b.tl?'u e P. ? F 2? Z'/ 44b ? ?O ?OC[ Nov Dec ?an ? Feb Mar? Apr ? May )un Jul Sep '- . _--p . . ? RevTreM -i-%ofFYl4NevBUAge[ ?mFxpendltu T d ??? oofFY146cBUdget? ?. . . ?.. e _ .? . .?? .?. . ?? ? ia . ? ACTUAL REVENUBS = 5480.OM t Eo, r. ? ACTUAL EXPENDITURES = 4692.6M ,._. r? 6G.546 ----- 3 Sfl.6% 48 S5. °?i 44. 4 6 3n.Olo 32LF1.1?w ?u - -.- ? y r±,1 3,9 1].4^0 15.2% I..N'?a ?1.1?b 8.5% 4.3% March 25, 2014 -13- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) ?. . . .# . ? . ? ? . } .:.. ? . . Annual : Y7'D Actual . :. . ? '. ... Budget Expent6hires IJnencumbered : .; Salaries $ 252,621,385 $ 164,457,385 S 88,164,000 [ i Frmge Benefrts 9 99,394,349 61,407,864 37,986,485 ? ? e , Operating Expenses I5$747,465 116,777,521 41,969,944 ? .3 CapdalOutlay 9.303,132 8,069,195 1,233.937 ? Ceases, Land Shuctures and Improvements 4,556,163 2,916,027 ! 1,640,136 g DebtSenice 45,083,433 28,771,769 ? 16,311,664 j 7'ransfers to SchooLs 401,403,698 266,274,476 135,129,222 @ Transfers lo CIP 43,272,299 28,522,665 14,749,634 g $ Tmnsfers to Sheriff 15,682,070 10,373,260 5,308,810 ? Transfers to Parks and Rec 5,137,027 3,375,769 1,761,258 . .? Transfers to OtherAreas 1,823,508 1,695,718 127,790 ? ReserveforContingencies . 4,293,463 - 4,293,463 ? Total Fapendaures by Type $ 1,041,317,992 $ 691,641,649 $ 348,676,343 ? Pereent ofTotal 100.0 % 665 % 335 % March 25, 2014 -14- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #63611(Continued) Mayor Sessoms thanked Ms. Phillips and her entire Team for their work. March 25, 2014 -15- CITY COUNCIL COMMENTS 4:18 P.M. ITEM #63612 Councilman Dyer advised he and Councilman Wood attended the meeting regarding the Arena. The meeting was very well attended and received; in fact, it was "standing room" only. Councilman Dyer expressed appreciation to Councilman Martin and Council Lady Wilson for attending. Citizens provided quality questions and these types of ineetings will continue and are going to be a real benefzt to the City. Mayor Sessoms thanked Councilmen Dyer and Wood for servicing as City Council Liaisons. March 25, 2014 -16- CITY CO UNCIL COMMENTS (Continued) ITEM #63613 Cauncilman Uhrin advised the Cavalier Hotel was added to the Virginia Landmarks Register. March 25, 2014 -17- CITY COUNCIL COMMENTS (Continued) ITEM #63614 Councilman UhYin advised the Shamrock Marathon was a huge siiccess, hosting over 12, 000 runners for the `Half-Marathon. March 25, 2014 -18- CITY COUNCIL COMMENTS (Continued) ITEM #6361 S Council Lady Wilson advised she was elected Vice Chair for the Local Advisory Commission of the Chesapeake Bay Advisory Committee. March 25, 2014 -19- CITY COUNCIL COMMENTS (Continued) ITEM #63616 Councilman Martin stated he and Councilman Wood were co-speakers at a recent professional event and received positive feedback regarding Mayor Sessoms' comments during the State-of-the-City. From evefything he has heard, the Ciry has a tremendous amount of support from the business comrnuniry. March 25, 2014 -20- CITY COUNCIL COMMENTS (Continued) ITEM #63617 Councilfnan Moss advised he spoke with Senator Bell and it appears the State will adopt a Budget on June 30"'. March 25, 2014 -23- AGENDA REVIEW SESSION 4:38 P.M. ITEM #63619 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the Ciry Code: a. §6-5 re Animals on the Beach and adjacent areas b. §10-1 re change of Polling location of the Old Donation Precinct to Calvary Baptist Church, 4832 Haygood Road c. ADD §35.3-12 to CREATE and LEVY additional real estate taxes re the Gills Cove Neighborhood Dredging Special Service District (SSD) 1) CREATE the necessary Capital Project and TRANSFER ,$24, 000 re engineering and design 2. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of DISTRICT 6 - BEACH a. Property at Lake Rudee, adjacent to 606 Goldsboro Avenue, to Ronald G. and Tarah D. Kiser to subdivide the property into one lot b. 1889 Virginia Beach Boulevard to Air Station General, LC for self-storage 3. Ordinance to AMEND the 19t'' Street Corridor Improvements Project re study and design of an Arena within the development projects 4. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. 18`h Street Boardwalk Cafe 1801 Atlantic Avenue b. Baja Cantina Atlantic Avenue Side Street Cafe 206 23"d Street c. Fish Bones Restaurant Connector Park Cafe 1211 Atlantic Avenue d. Il Giardino Atlantic Avenue Side Street Cafe 910 Atlantic Avenue e. King of the Seat Atlantic Avenue Side Street Cafe 2612 Atlantic Avenue f. Laverne's Connector Park Cafe 701 Atlantic Avenue g. Manhattan Atlantic Avenue Sidewalk Cafe 812 Atlantic Avenue h. Scrambled Atlantic Avenue Sidewalk Cafe 910 Atlantic Avenue j. The Beach Club Boardwalk Cafe 901 Atlantic Avenue k. Tortugas Boardwalk Cafe 3400 Atlantic Avenue l. Tortugas Connector Park Cafe 3400 Atlantic Avenue m. Tropical Smoothie Atlantic Avenue Side Street Cafe 211 25`'' Street n. Waterman 's Connector Park Cafe 415 Atlantic Avenue 5. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert and Pearl Crichton DISTRICT 7- PRINCESS ANNE 6. Resolution re APPEAL to the City Council re the decision of the Police Chief to deny a Secondhand Dealer Permit to Samantha Elizabeth O'Donald MaYCh 25, 2014 -24- AGENDA REVIEW SESSION ITEM #63619(Continued) Ordinance to ACCEPT and APPROPRIATE $25,209 from the Virginia Department of Criminal Justice Services (DC1S) to Human Services re salary increases and training ITEM #I a WILL BE CONSIDERED SEPARATELTY CO UNCILMAN MARTIN WILL ABSTAIN ON ITEM #2b SUBSTITUTE VERSION OF ITEM#4(a-n) WILL BE CONSIDERED ITEM #S WILL BE DEFERRED TO APRIL 8, 2014 ITEM #6 WILL BE CONSIDERED SEPARATELY March 25, 2014 -25- AGENDA REVIEW SESSION ITEM #63619(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of ALICIA INMAN for a Conditional Use Permit re personal training and group exercise services at 2173 Old Pungo Ferry Road DISTRICT 7- PRINCESSANNE 2. Re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE The following items were advertised but are recommended for DEFERRAL to APRIL 22, 2014: a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities. b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive- through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Section 233.02, re Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District and to AMEND Section 2003, re ADDING drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District. c. Conditional Use Permit (City/S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures: 1) Unimproved portion of the right-of-way ofSingleton Way (formerly Princess Anne Road) 2) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road) 3) UnimpYOVed portion of the right-of-way of Singleton Way (formerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) ITEM #2a./b/c/d(1;2;3) WILL BE DEFERRED TO APRIL 22, 2014 March 25, 2014 -26- ITEM#63620 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Contracts regarding extending light rail into Virginia Beach PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held propeYty, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A)(3). Acquisition/Disposition of City Property: Lynnhaven District Beach District March 25, 2014 -27- ITEM# 63620(Continued) Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council voted to proceed into CLOSED SESSION at 4: 42 P.M. Voting: 11-0 Council Members Voting Aye. Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council MembeYS Voting Nay: None Council Members Absent.• None (Closed Session 4:52 P.M. - 5:50 P.M.) March 25, 2014 -zs- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 25, 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 25, 2014, at 6: 00 P.M. Council Members Present: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Meinbers Absent: None INVOCATION: Reverend ClaYence McPherson Pastor, Turning Point Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Muyor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act "), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of Ciry Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. March 25, 2014 -29- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On MaYCh 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 oYder 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 thoroitghly 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 regzclarly makes this disclosuYe. 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 yeaY, Prudential has an inteYest 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 ofAugust 13, 2013, is heYeby made a part of the record. March 25, 2014 -30- Item -V-E CERTIFICATION ITEM #63621 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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. Voting: 11-0 Council Members Voting Aye: RobeYt M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 25, 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 #63620 Page 27, 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. Ruth Hodges Fraser, MMC City Clerk March 25, 2014 -31- Item -V-F.1 MINUTES ITEM #63622 Upon motion by Council Lady Ross-Hammond, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 11, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, BarbaYa 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.• None Council Members Abstaining.• James L. Wood March 25, 2014 -32- ADOPT AGENDA FOR FORMAL SESSION ITEM #63623 BY CONSENSUS, Ciry Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 25, 2014 -33- Item -V-H.1 MAYOR'S PRESENTATION ITEM #63624 CHILD AB IISE PREVENTION MONTH Elizabeth S. Chupik, Associate City Attortzey Bill Dean, Deputy Police Chief Mayor Sessoms presented Ms. Chupik with a Proclamation: "April 2014 Child Abuse Prevention Month " Mayor Sessoms called upon all citizens, community agencies, faith groups, medical facilities and businesses in the City of Virginia Beach to increase their participation in the City's efforts to support families, theYeby preventing child abuse and neglect, which will strengthen the community in which we live. Ms. Chupik expressed her appreciation, on behalf of the Department of Human Services, for the City's continued support. March 25, 2014 ?W'}fEU,7S: (Preventing c(i(da6use and neglect is a community responsi6iCity t6aat cfepends ora invoCvernent among pevpCe tFiroughout the community; ancC - WJ&U-X,S: C(i!d maCtreatment occurs when peopCe find t(zemseCves in stressfuCsituations, wit(out community resources and witFiout coping skiCfs; and WJMRIE17S: qTie majority of chiCd?a6use cases stem from situutions and conditions tkat are preventa6Ce in an engagedandsupportive community; and 'GY'7fERqW.• ACLcitizeru sFiouCd decome invoCved in supporting famiC'zes in raising tFieir c(iCdren in a safe, nurturing envimnment; ancC "'JI&WS: Effective cFiifd a6use prevention programs succeed decause of partnerships created among famiCes, sociaCservice agencies, schoo(s, faith communities, civic organizations, !aw enforcement agencies, and the 6usiness community; anrf "'MREAS: As a City, we are committed to the (zeatthy development of our cFiilcfren, from pre-natat care to 6irtk tFirougft the most formative years of chihiTtood and into aduCthoocC. Now, gFcerefore, I, `Wilr'uim D. Sessoms, Jr., Wayorof the City of'Virginia BeacFi, virginia, do &ere6y ProcCaim: .ApiiC2014 ChiffAbuse ?'reventian ?Vl onth In Nirginia Beach, andcatCupon afCcitizens, cornmunity agencies, faitFt groups, medicaCfaciCities, aruf 6usirzesses to increase tFieir participation in our efforts to support famiC'ies, t(teredy preventiizg c(tiCd a6use and negCect andstrengtkening the communities in whicFi 7.ve C've. In `Witness Wfiereof, I kave (ereunto set my ?uind and caused the OffzciaCSeaCof the City of Virginia Beac(, Virginia, to 6e affi.Tedthis First Day ofApriC 7wo rllousarufand?Fourteen. ZViCC'zam D. Sessoms, Ir. Yayor -34- Item -V-H.2 MAYOR'S PRESENTATION ITEM #63625 CERTIFIED CRIME PREVENTION COMMUNITY Sharon Gray, Field Services Manager, Division of Law Enforcement Department of Criminal Justice Services Mayor Sessoms introduced and welcomed Sharon Gray, Field Services Manager - Division of Law Enforcement Department of Criminal Justice Services. Ms. Gray, representing Garth Wheeler, Director of the Department of Criminal Justice, advised she is here to recognize the achievements of the Police Department and the Citizens of Virginia Beach for their efforts to prevent crime. The Certification from the Crime Prevention Program was created in 1998, by a Directive from the Governor's new partnership Commission for Community Safety and to recognize communities displaying exemplary efforts in the prevention of crime. This is the first and only program of its kind in the United States. Participant communities must undeYgo a rigorous application process and provide proof of overall meeting 12 mandatory requirements plus an additional 7 optional elements. Cornmunities are then examined by the Criminal Justice Service Board to verify all requirements are met. To date, sixteen (16) communities have been certified and only 12 remain certified. This is the third time the City of ViYginia Beach has re-certified in this community-driven prevention recognition program. Director YVheeler noted items with which the Criminal Justice Services Board is particularly impressed: Virginia Beach has remained one of the safest cities of its size in the United States, showing a decline in major crimes. Virginia Beach Yeaches youth through the "Every Fifteen Minutes " program with thousands of participants over the last few years. The entire application demonstrates collaboration with departments, non profit and faith-based groups, the business community and the Schools to prevent crime. Ms. Gray PRESENTED with honor and privilege: CERTIFIED CRIME PREVENTION COMMUNITY (CCPC) RE CER TIFICA TION CERTIFICATES to: Deputy Chief Zucaro and Captain J.T. Orr Deputy Chief Anthony F. Zucaro, Jr. ACCEPTED the Certificate on behalf of Chief Cervera and recognized the Leadership Team of the Crime Prevention Unit. Deputy Chief Zucaro advised Chief Cervera extends regrets as he had a conflict and could not attend. Mayor Sessoms expressed appreciation to the Virginia Beach Police Department for assisting in making Virginia Beach the "Greatest City in the World': MaYCh 25, 2014 -35- Item -V-H.3 MAYOR'S PRESENTATION ITEM #63626 EARTH HOUR March 29, 2014 8:30 - 9:30 P.M. Mayor Sessoms declared March 29, 2014, from 8:30 - 9:30 P.M., "Earth Hour in Virginia Beach, Virginia ". The City will participate in this event by switching off nonessential lights in City facilities and at City locations that in no manner compromise public safety or security. Mayor Sessoms encouraged all citizens to participate in the Earth Hour Event to give an incentive and encourage individuals, businesses and our local government to take accountability for their ecological footprint and to engage in dialogue and resource exchange that provides real solutions to our energy and environmental challenges. March 25, 2014 -36- Item -V-I.1 PUBLIC HEARING ITEM #63627 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY Fourteen (14) Atlantic Avenue Cafe Franchises There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 25, 2014 -37- Itena -V-I.2 PUBLIC HEARING ITEM #63628 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY 1889 Virginia Beach Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 25, 2014 -38- Iteni -V-I.3 PUBLIC HEARING ITEM #63629 Mayor Sessoms DECLARED A PUBLIC HEARING: SPECIAL SER VICE DISTRICT (SSD) Middle Plantation - Gill's Cove There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 25, 2014 -39- Itesn -V-I.4 PUBLIC HEARING ITEM #63630 Mayor Sessoms DECLARED A PUBLIC HEARING: POLLING PLACE CHANGE Old Donation Precinct There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 25, 2014 -40- Item -V-J ITEM #63631 PRESENTATION FY2014-I S RESOURCE MANAGEMENT PLAN (BUDGET) FY 2013-14 OPERATING and CAPITAL BUDGET Mayor Sessoms introduced City Manager James Spore. Mr. Spore thanked the School Board, City Staff and the Department Directors for their Budget submissions as these are very tight times and compiling the Budget to comply with tight economic times. .-?.. __ ------ ?=_=-?-.? _ CtfZj fPf. Virginia.?Beach Presentation of the Proposed FY 2014-15 4perating Budget and CIP March 25, 2014 Mr. Spore stated the growth in the Operating Budget has been modest over the last five years, growing less than the Consumer Price Index (CPI). The graph measures the cumulative change in both the Budget and CPI from FY 2010 which represents a base of 100, through FY 2015. Cumulatively the annual average change in the Budget has been 0. 7% compared to 2.2% in the CPI. Index of Change: Budget vs CPI 11s 110 CPI 105 ioo B?aeiget 95 90 85 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 March 25, 2014 -41- Itenz -V-J ITEM #63631(Continued) Mr. Spore advised the table illustrates Old Dominion University's forecast for 2014. The Forecast is Gross Regional Product will improve slightly from 2013 but not near the long-term average of 33%. Unemployment is expected to continue to improve as are taxable sales. Hotel revenues, which have been down regionally but only slightly here in Virginia Beach, are expected to improve. 2012 was a phenomenal year for tourism in Virginia Beach when comparing 2013 to 201. Hotel revenues were 0.6% down, but not as bad as the Region. ODU expects 2014 to be a better year for tourism, regionally, as the economy slowly impYOVes. Mr. Spore thanked the Schools, Department Directors and the Management Services Staff for all the hard work in bringing this proposed Budget together for City Council's consideration. Mr. Spore introduced Catheryn YVhitesell, Director - Management Services, to make the presentation: ---,-Economic Overview w P ?--- Old Dominion University for Hampton Roads _ 2013 2014 Actual Forecast Real Gross Regional Product* 1.7% 2.2% Civilian Employment 2.0% 1.5% Unemployment Rate 5.9% 5.3% Taxable Sales 2.9% 3.6% Hotel Revenue -1•3% 2•4% Housing Permit Value 15.7% 7•9% *long-term historical average is 3.1% Ms. Whitesell advised this presentation marks the beginning of a formal review of program and project Yequirements for the Fiscal Year 2014-201 S. The proposed Budget has both City and Schools E ATING UDGE1' ?w . ??. . ? - ? ?„? -42- Item -V-J ITEM #63631(Continued) Ms. Whitesell stated the graph below provides the sources for all Revenue that support the ,$1.8-BILLION Proposed Budget. Total Revenue By Source FundBalance FederalRevenue 1.6% 6.5% -\.-.,,Y .,!,: OtherRevenfl? 2.5% Permits, Fines and Fees; Use of Money and Property 1.2% ?,SI?`i General Sales i I 3.3% Utility Taxes 2.5% Hotel,Amusement, BusinessLicense &Cigarette Res[aurantTax 2'6% 2.6% 3.3% : Real Estate Assessment is the single laYgest change since last November. In the Forecast, the projected Real Estate Assessments were predicted to grow by 1% generating revenue of $470. 7-MILLION. In FebYUary, the Real Estate Assessor advised assessments were growing by 3.6% on average, or 2.6% higher than assumed in November. The increased Revenue equates to $48-MILLIDN in the proposed Budget. Ms. Whitesell stated the increase is good news, after an unprecedented six years of decline. However, the Assessor offered some caution on whether this is sustainable, given that the City still has a high percentage of foreclosures and short sales working through the market (roughly 20%). Mr. Banagan expects that growth will remain at less than S% for several more years. March 25, 2014 -43- Item -V-J ITEM #63631(Continued) The proposed Budget has no estimated change in the Real Estate Tax Rate. The City has the lowest Tax Rate in Hampton Roads, with each penny of the Real Estate Tax Rate projected to generate $4.97- MILLION. The increase of Revenue from the Real Estate Taxes from the current year's Budget to the proposed Budget is $18.2-MILLION. Of that increase in Revenue, $8.8-MILLION, will be distributed to the School System through the Revenue ShaYing Formula. An additional ,$2.1-MILLION will be distributed to the various Ciry Council Revenue dedications, such as Recreation CenteYS, the Agricultural Reserve Program and the various special service and tcrx increment financing districts. The remaining $7.3-MILLION will be to support general City operations, such as Police, Fire, Line of Duty Payment to VRS, Debt Service and various CIP sections. Change in Real Estate Revenue _'Y,P2013-14 to FY 2014-15 FY 2013-14 FY 2014-15 Difference Schools $207,118,268 $215,907,608 $8,789,340 Parks and Recreation $18,899,332 $19,617,550 $718,218 Agriculture Reserve Program $4,311,817 $4,474,353 $162,536 Sandbridge SSD $591,675 $628,909 $37,234 Sandbridge TIF District $7,410,157 $8,139,025 $728,868 Central Business District TIF $5,208,136 $5,367,921 $159,785 Town CenterSSD $1,480,463 $1,548,564 $68,101 Dredging SSDs $139,490 $370,505 $231,015 City Operations $217,704,335 $224,978,397 $7,274,062 Total $462,863,673 $481,032,832 $18,169,159 March 25, 2014 -44- Item -V-J ITEM #63631(Continued) Over the last 10 years, the average annual increase for Virginia Beach residents has been 1.77%. Among all neighboring cities, the Ciry's residents have seen the lowest increase in their Real Estate Tczx bills. Average Annual Increase in Real Estate Tax Bills (all types) from FY 2003-04 through FY 2013-14 ...?- ?.?--?- Virginia Beach 1.77% Chesapeake 2.00% Norfolk 3.55% Newport News 3.97% Hampton 4.53% Suffolk 5.00% Portsmouth 5.20% Average Excluding Virginia Beach 4.04% Pef°sonal PropeYty Taxes represent the second largest single Revenue. The base Forecast for this Revenue stream has not changed since the Forecast in November. As discussed in November, the City missed the Revenue estimate in 2013 by nearly $4-MILLION. The proposed Budget includes an estimated 30-Cent increase in this rate from the current $3.70 per $100 of assessed value to $4.00. If adopted, this would be the first adjustment in this Yate since it was lowered in 1995. This rate increase is being proposed to address a backlog of projects and staffing for the public safety area. It also would fund four new staff for the E911 system and begin purchasing the Lucas CPR devices and power stretchers for EMS. Perso al Property Tax Revenue 10 eents produces $3.3 rniliian annually $150.0 - $140.0 .:$138.5 $136.9 $138.6 $137.2 $132 4 $130 0 - - ' ?-- ?" <a° $119.9 $118 6 $123 7 ?° Rates $120 0 . Virginia Beach - $4.00 0 Chesapeake-$4.08 •9 $110.0 ? Norfolk - $4.33 Portsmouth - $5.00 $100 0 ?., F Suffolk • $4.25 Hampton - $4.25 $90 0 " - ? ? - ? - Newport News - $4.50 $80.0 °: 2008 2009 2010 2011 2012 2013 2014 2015 Fiscal Year -45- Item -V-J ITEM #63631(Continued) Our General Sales Revenue is 1% of the State 's Sales Tax of 6% on Gross Sales. As the graph illustrates, the City is anticipating an increase from the current Budget of $58-MILLION to $60-MILLION. This is down from the forecasted projections in November by $1.2-MILLION. For the upcoming fiscal year, the expectation for this Revenue is lower, based on lower actual sales in December and January. The State has also decYeased its projections for Sales Tax Revenue. The Business Professional and Occupation License (BPOL) Revenue is expected to increase from the cuT°rent year's Budget by $4.8-MILLION which is no change from the Forecast. Strong sales by retailers, especially grocers and vehicle dealers have bolstered collections. March 25, 2014 -46- Item -V-J ITEM #63631(Continued) Hotel Tax Revenues represented are projected to decrease slightly into the next fiscal year while Restaurant Meals Tcrxes are increasing slightly. Neither of these revenues changed significantly from the Forecast in November. Restaurant and Hotel Tax Revenues $100.0 Charges for services increase by $7.97-MILLION. This increase is driven primarily by rate increases for Storm Water and Planning Review Fees related to the State's Storm Water Mandate. In addition, this is the fourth, and last year, of the approved rate increase in sewer charges related to the Federal Consent Decree. Other fees that are proposed to increase are listed in the Executive Summary beginning on page 62. March 25, 2014 -47- Item -V-J ITEM #63631(Continued) State Revenues are projected to increase from $447.3-MILLION in the current fiscal year to $459.8- MILLION. $11.8-MILLION of this increase is due to increased State support for education. State support to City Programs only increased by just over $700,000. Federal Revenues to Schools are decreasing by nearly $2-MILLION. While cafeteria revenues from the federal government are increasing, support for federal education grants is significantly down ($3.9-MILLION) resulting in the loss of 81 staff inembeYS. Federal support for Human Ser-vice Programs is increasing by nearly $1.6- MILLION. As you are aware the Revenue Sharing Formula requires that the City cover the State required SOQ match. The match is determined by the State based on the composite index and student enrollment. For FY 2015, it increased from $163. 6-MILLION to $171-MILLION or $7.4-MILLION. After the required match, the Formula then YequiYes that 32.37% of the remaining non-dedicated local taxes be provided to Schools as a discretionary local match. In the proposed Budget, this is $195.9-MILLION. The Formula will provide $366 9-MILLION to the School System. Added to that amount is the dedication of 4-Cents of the Real Estate Tax Rate to Schools. This dedication is to offset lost State Funds for education and may be reduced as the State Funding returns to pre-recession levels. The 4-Cents provides $19.9-MILLION. March 25, 2014 -48- Item -V-J ITEM #63631(Continued) Also, adding to the Formula is holding Schools harmless from the decision to lower the Real Estate Tax Rate to offset the increase in the Solid Waste Fee last year. Real Estate Taxes are included in the Formula, fees are not. Without this adjustment, Schools would have lost roughly $3-MILLION in Revenue. The proposed Budget provides $219-MILLION over the mandated level of funding for Schools. In total, the local contribution to Schools is $392-MILLIDN, which is $9.9-MILLION more than what was provided in the current Budget. $8.8-MILLION of that is from the increase in Real Estate revenue. Local Contribution to Schools '-" --- ?" (in FY 2013-14 FY 2014-15 Variance Required SOQ Match $163.6 $171.0 $7.4 Discretionary Local Match $193.1 $195.9 $2.8 Total Formula Contribution 356.7 $366.9 $10.2 Dedicated 4C Real Estate Tax $19.2 $19.9 $0.7 Hold Harmless in R.E. Tax redudion to $0.93 $3.1 $3.2 $0.1 Sandbridge Surplus used in School Budget $3.1 $2.0 ($1.1) Total Local Contribution $382.1 $392.0 $9.9 47% of the total Budget is used for education with funding coming from Local, State and Federal sources. Public Works and Public Utilities make up 13.4% primarily to maintain roads, buildings, water, sewer pipes, trash collection and vehicles. Public Safety is the next largest slice of the Budget at 12%. Ex??..?a itures By Service Areas Parks & Recreation, Planning/Public Libraries, Works/Public CiTy Capifal public Safety Convention & Museums, & U[ili[ies Pr°lecCs lZ poo Visi[or, Economic CulturalAffairs 13.400 3.0% Developmen[,SGA 44.1% City General ? Fund Debt Human ? + Service Services/HealyhJ ? ? 2.6% F Housmg ': ?.r a d a x ? y? ?M; 7.70 /o g,? ?s? l i e a G d ?? %N?? ?6 ? . ..,_. :.... .t Financial/General Governmen[ 5.8% March 25, 2014 -49- Item -V-J ITEM #6363I (Continued) Ex enditures By Category 'Personnel $803.5 $817.0 $13.5 ' Fringe Benefits $299.4 $315.0 $15.6 I Operating & Supply Accounts $443.3 $448.6 $5.3 Capital Outlay (equipment) $14.7 $13.5 ($1.2) Debt Service $153.4 $164.9 $11.5 ' Pay-as-you-go to CIP $51.6 $47.1 ($4.5) Reserve for Contingencies $14.8 $23.8 $9.0 Total Operating Budget $1,780.2 $1,8299 ' $49.2 ' Note:The City's "Personnel" figure includes [he 1% required VR$ salary increase and a 0.34% g eneral increase. The City's proposed 1.66% general increase is in a"Reserve" acco unt The Schools en[ ire 2.79 % salary increase is included in "Personnel". Another way to look at the ,$1.8-BILLION Budget is by expenditure category. $817-MILLION is used to pay salaries of City and School employees. This is increasing due to mandated and proposed pay increases. Fringe Benefits are increasing by $15.6-MILLION, primarily due to a significant jump in the VRS Rate for Schools related to the General Assembly's commitment to fully fund VRS requirements. The employer's contribution to health insurance, based on the Guidance from the City Council and School Board, is relatively flat from year-to- year. Operating and Supply accounts are increasing 1.2% or $5.3- MILLION, which is far less than inflation. Debt Service increases by $11.5-MILLION in part because of the need for a laYger than normal Bond sale in FY 2015 due to the decision in the current year to defer a Bond sale to help the Operating Budget. Compensation _.??-? r*:° All full-time City and School employees will receive a 1.34% salary adjustment ° 1% is the mandated offset to the required VRS employee contribution (this is the third year of this phase-in) • 0.34% is to offset the impact of the pay increase on employee's taxes ,:° All full and part-time City Employees will receive a 1.66% General Increase on October 1Sc ':+All School Employees will receive a 1.45% General Increase on September 1St ?o° City -$1.49 million to address pay compression Schools -$1.1 million to address pay inequities in the unified scale March 25, 2014 -50- Item -V-J ITEM #63631(Continued) The Proposed Budget includes $112-MILLION as the enzployer's contribution towards health insurance, which is roughly the same as the current year. This amount is based on the guidance received from City Council and the School Board. The errzployer's contribution is now based on 77% of the total cost as opposed to FY 2014's 80% employer's share. The employer's contribution is based on the lowest cost Plan or PPO Plan and is the same for the POS and Plus PPO Plans. Health Insurance Incorporates City Council and School Board guidance from the March 4th meeting. •: City and School's cost share is 77% with employees contributing 23% Three plan choices : ? POS plan - deductible of $500/$1,500 • Plus PPO - deductible of $1,000/$2,000 ? PPO - deductible of $1,500/$3,000. *> The employer's contribution for all plans is based on the PPO Spouses with access to another plan no longer eligible A one-time contribution of $500 to a Health Savings Account provided to current employees who choose the PPO plan •«° $500 charge for not participating in °bWellnessforLife The proposed Budget includes 17 new positions to address the Stormwater Management Mandate. In addition, 21.8 new positions are included for Human Services to address new mandates and 6.5 positions for Schools to the literacy programs -- ?ajor Initiatives .? :• Virginia Storm Water Management Mandate: ^ Adds 17 new positions ^ Increase Storm Water ERU fee by 1.7 cents & various Planning Review Fees RR Human Services Mandates and Initiatives ° Adds 21.8 new positions ^ Revenue from Medicaid Fees increased $1.1 million to of(set costs. ?:• Public Safety Equipment and Staffing ? Adds 4 new positions to E911, 6.4 FTEs for police oceanfront cameras, and address major public safety equipment replacements ° Increases Personal Property Tax rate by 30 cents .? Technology Strategic Plan • Adds 3 new positions : School Literacy Programs ° Adds 6.5 new positions March 25, 2014 -51- Itenz -V-J ITEM #63631(Continued) The City continues to focus on process improvement and improving efficiencies. As reported in the "Striving for Excellence Report ", last year departments saved $2.3-MILLION and avoided anotheY $2. 7- MILLION in costs. In addition, the City had 20,408 Volunteers that helped departments deliver services to the community, which equates to nearly 3 volunteers for every paid staff. Sustai--. r?_ bilitY & EfficiencY Efforts Police Department renegotiated two contracts: • PhotoRed red light camera contract - saving $140,000 * Lease of the Police Firing Range - saving $30,228 -$1.9 million over the next 10 years *4` EMS - working with private ambulance companies to shift non-emergency transports to them Automating materials and handling at the Central Library and five branches reduced staff by 4 positions. In total Libraries eliminated 9 positions as a result of this technology. Public Works continues to realign solid waste routes resulting in 4 staff reductions. CAP°fl L 1 P°ROVE E 1` PROGRA . ? March 25, 2014 -52- Item -V-J ITEM #63631(Continued) Over the next six years, the CIP will pYOVide over $1-BILLIDN in funding, with major investments in Schools, roadways and utilities. The Capital Budget, which is year one of the CIP, authorizes $258- MILLION in spending Summary of Project Estimates ? { Schools $ 34,566,000 $ 184,955,000 $ 219,521,000 Roadways 65,578,105 81,875,496 147.453,60. 1' ' Buildings 18,880,027 93,554,918 112,434,945 ' Parks and Recreation 24,587,750 60,789,772 85,377,522 ' Utilities 58,514,582 276,280,136 334,794,718 Coastal 11,125,047 43,189,917 54,314,964 ' Economic & Tourism 22,771,581 27,595,124 50,366,705 Development ! Communications & Information 22,179,017 25,576,866 47,755,883 Technology _ Total CIP $ 258,202,109 i $793,817,229 $ 1,052,019,338 Over $700-MILLION of the six year funding is for maintenance: March 25, 2014 -53- Item -V-J ITEM #63631(Continued) The majority of the funding foY the CIP is in long term debt, such as Bonds and lease purchases. These projects have a life span longer than 20 years. It is important to note that while Debt is the largest source of funds in the Capital Program, it is the source used last. First in are cash sources such as Pay-Go, Fund Balance, State and Federal funds and various other sources. These souYCes together comprise $513-MILLION of the total funding available oY just under50% of the CIP. CI.P Means of Financing ? e ? Pay-As-You-Go $ 47,048,957 $ 264,624,518 $ 311,673,475 General Fund Balance 21,678,524 55,597,908 77,276,432 Other Fund Balance/ 10,525,853 23,500,000 34,025,853 Retained Earnings ' Bonds & Lease 131,841,678 407,497.239 539,338,917 'Purchases ' State & Federal Funds 32,799,118 37,579,319 70,378,437 ' Other Sources 14.307,979 5,018,245 19,326,224 Total CIP Financing $ 258,202,109 $ 793,817,229 $1,052,019,338 The City completed a Yeview of all CIP pYOjects to ensure that they are still relevant, needed or ready for construction. As a result of the review, 12 projects are being either reduced or deleted from the CIP. Signific?ant Project Reductions Reduced 2-045 PacificAve.lmprovements ($ 2,700,000) Reduced 2-156 Laskin Road- Phase 1 (1,000,000) Reduced 2-401 Greenwich Rd Crossover & Cleveland St (3,454,750) Deleted 2-041 Dam Neck- Phase 1 (2,321,778) Deleted 2-413 Dam Neck Road- Phase ? (1,940,408) Deleted 2-034 South Independence/Silverleaf Dr Intersection (1,000,000) Deleted 2-033 princess Anne Road - Phase VIIA (1,105,000) Deleted 9-095 Arctic Ave Parking Facility (19,499,500) Deleted 9-505 Cleveland Street- Phase l (6,902,656) Deleted 9-504 parliament- Greenwich Connector (3,563,240) Reduced 7 029 Eastern Shore Drive Drainage-Phases 1&? (37,000,000) & 7-151 TotaG ' ($80,487,332) MaYCh 25, 2014 -54- Iteni -V-J ITEM #63631(Continued) PYOjects that are scheduled in the next fiscal year include the construction of the Housing Resource Center, the replacement of major pieces of equipment - voting machines, camera systems and fire equipment Projects Under Way in FY 2014-15 Housing Resource Center 0 Police Oceanfront Cameras Replace Voting Machines Metropolitan Area Network (MAN) •:` Self Contained Breathing Apparatus (SCBA) Replacement ? Holland Road Water & Sewer Improvements Workshops and Public Meetings begin next Tuesday with Public Hearings on April 22"d and May 1 S`. The School System will present their Budget on April 22"d. Workshops & Public Meetings ? Tuesday, April 111 Budget Workshop Conference Room ' Tuesday, April 8t'' Budget Workshop Conference Room ! Tuesday, April 15th Budget Workshop Conference Room ' Budget Workshop Conference Room ; Tuesday, April22"d , Public Hearing Council Chambers ! Thursday May in Public Hearing Kempsville High School Tuesday, May6th ?Reconciliation Workshop Conference?Room Tuesday, May 131h , Vote on the Operating and Capital Budgets March 25, 2014 -55- Item -V-J ITEM #63631(Continued) For many years, the City has conducted a Citizen Satisfaction Survey, which has consistently shown a high satisfaction with city services. As the Mayor likes to say, this is the "Greatest City in the World ", the citizens feel that way as well. The proposed Budget and CIP support the services and projects desired by this community. For anyone wishing to see the Budget and CIP documents or this presentation they are now available on Vbgov.com under the City Budget. Citizen Satisfaction Remains High a?• 93.8% of respondents were satisfied with City services OVERALL 96.0% agreed that Virginia Beach is a good place to live •:? 95.4% agreed that for the most part, I can conveniently access City services *a* 80.6% agreed that overall, they receive a good value for their City tax dollar Mayor Sessoms thanked Mr. Spore, Ms. Whitesell and the entire team for their work on the proposed Budget March 25, 2014 -56- ItenZ -V-K ORDINANCES/RESOL UTIONS ITEM #63632 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1/b/c(1), 2a/b(MARTIN ABSTAIN), 3, SUBSTITUTE VERSION 4 a/b/c/d/e/f/g/hA/j/k/l/m/n, S and 7 of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Poting: 11-0 Council Members Voting Aye. Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2014 -57- Item -V-K.1 a ORDINANCES/RESOL UTIONS The following individual registered to speak: ITEM #63633 Laurence Land, 1056 S. Bayshore Drive, Phone: 449-5663, spoke in OPPOSITION. Upon motion by Council Lady Wilson, seconded by Councilman Martin, City Council ADOPTED, Ordinance to AMEND the City Code: a. §6-5 re Animals on the Beach and adjacent areas Voting: 10-1 Council Members VotingAye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice MayoY Louis R. Jones, Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Cvuncil Members Absent: None March 25, 2014 REQUESTED BY COUNCILMEMBERS UHRIN AND WILSON 1 AN ORDINANCE TO AMEND SECTION 6-5 2 OF THE CITY CODE PERTAINING TO 3 ANIMALS ON THE BEACH AND ADJACENT 4 AREAS 5 6 SECTION AMENDED: § 6-5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 6-5. Animals on beach and adjacent areas. 14 (a) For purposes of this section: 15 (1) the term "animal" shall be deemed to include, but not be limited to, anv 16 mammal, bird, or reptile; 17 (2) the term "owner" means any person who: (i) has a riqht of property in an 18 animal(ii) keeps or harbors an animal(iii) has an animal in his care; (iv) 19 acts as a custodian of an animalor (v) is in possession of an animal; and 20 (3) the term "season" means the period from 6 p.m. on the Fridav before 21 Memorial Day throuqh 6 p.m. Labor Dav of each vear. 22 23 (b) It shall be unlawful for the owner of a dog present on anv sand beach to fail 24 to maintain control of the doq. 25 26 {a}Uc It shall be unlawful for the 27 owner of any animal to permit such animal to be on the sand beaches, 28 from Rudee Inlet on the 29 south to 42nd Street on the north during the season. . .. 30 • • • , 31 #eFe+na#teF-Fe#cFFed te-as *"sease,T 32 33 (d) It shall be unlawful for the owner of any animal to permit such animal to be 34 on the boardwalk or the grassy area west of the boardwalk to the propertv lines durinq 35 the season- provided however, that a leashed dog under the control of the owner, mav 36 be permitted on the boardwalk and the qrassy area west of the boardwalk to the 37 property lines durinq the season befinreen the hours of 6 a.m. and 10 a.m. 38 39 {#}el It shall be unlawful for the 40 owner of anv animal to permit such animal to be on any ethe sand beach°c wiihin +ho 41 ; , howeveF, 42 urinq the season; 43 provided however, that a doq may be permitted on beaches other than the beaches 44 listed in subsection (c) during the season between the hours of 6-49 p.m. and 10-40 45 a.m. Ia? if leashed or under the control of the owner. 46 47 (OfD It shall be unlawful , for the owner of anv 48 49 animal to have the animal on Atlantic Avenue1 or in the parks and connector streets 50 between Atlantic Avenue and the boardwalk, from Rudee Inlet to 42nd Street, unless 51 such animal is in an escape-proof container. This provision shall not be applicable to 52 leashed doqs. 53 54 {d}Lqj No owner of anv animal shall 55 fvGt knowingly or willfully permit such animal to litter any sand beaches within the city or 56 to litter the boardwalk or the grassy area west of the boardwalk to the property lines 57 from Rudee Inlet on the south to 42nd Street on the north, at any time. In the event such 58 animal shall defecate on the sand beaches within the city, or on the boardwalk or the 59 grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to 60 42nd Street on the north at any time, the person who owns or has control of such 61 animal shall immediately remove all feces deposited thereon by such animal and 62 dispose of same in a sanitary manner approved by the department of public health, 63 such as by encasing same in an airtight wrapper or container and placing same in a 64 garbage receptacle. Failure to so remove said feces in accordance with the provisions 65 of this subsection shall constitute a Class 1 misdemeanor. 66 67 {e)f!21 Notwithstanding the above, it shall be unlawful for gg the owner of anv animal to permit such animal to be on any sand 69 beaches within the city, at any time, unless such person shall have in his possession a 70 container of sufficient size and adequate design to remove and dispose of all feces 71 deposited thereon by such animal, in accordance with the provisions of subsection 72 (d}Lqj. 73 74 (#)Qi With the exception of subsections {d}& and (e.)Lhj, the provisions of this 75 section shall not be applicable to a guide dog, hearing dog or service dog trained to 76 accompany a person with a disability while being accompanied by such person, or to 77 any dog or horse in the custody or control of a law enforcement officer while such officer 78 is in the performance of his duties. 79 80 , " " shal' be deeFned te *RG'ude, 81 , any , biFd, • 82 83 {#} ?j,?, The provisions of this section may also be enforced by city animal control 84 officers. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of March , 2014. APPROVED AS TO CONTENT: Police Department CA12869 R-6 March 10, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ql Me -58- Item -V-K.1 b ORDINANCES/RESOL UTIONS ITEM #63634 Upon motion by Vice Mayor.Iones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the Ciry Code: b. §10-1 re change of Polling location of the Old Donation Precinct to Calvary Baptist Church, 4832 Haygood Road Voting: 11-0 Council Members Tjoting Aye: Robert M. DyeY, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 25, 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 47 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE TO CHANGE THE POLLING LOCATION OF THE OLD DONATION PRECINCT SECTION AMENDED: § 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Alanton Elementary School Aragona Kemps Landing Magnet School Arrowhead Arrowhead Elementary School Avalon Woodstock Elementary School Baker Ebenezer Baptist Church Bayside Bayside Elementary School Bellamy Salem Middle School Blackwater Blackwater Fire Station Bonney Holland Road Baptist Church Brandon Brandon Middle School Brookwood Plaza Annex Buckner Green Run Baptist Church Cape Henry Research and Enlightenment Building (Edgar Cayce Library) Capps Shop Back Bay Christian Assembly Centerville Centerville Elementary School Chesapeake Beach Bayside Baptist Church Chimney Hill Congregation Beth Chaverim College Park College Park Elementary School Colonial Colonial Baptist Church Colony Lynnhaven Colony Congregational Church Corporate Landing Corporate Landing Middle School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Cromwell Salem United Methodist Church Culver Ocean Lakes High School Dahlia Green Run High School Davis Corner Bettie F. Williams Elementary School Eastern Shore Eastern Shore Chapel Edinburgh St. Aidan's Episcopal Church Edwin Kempsville Recreation Center Fairfield Kempsville Presbyterian Church Foxfire Princess Anne Middle School Glenwood Glenwood Elementary School Great Neck All Saints Episcopal Church Green Run Green Run Elementary School Haygood Haygood United Methodist Church Hillcrest Victory Baptist Church Holland Holland Elementary School Homestead Providence Presbyterian Church Hunt Princess Anne Recreation Center Indian Lakes Indian Lakes Elementary School Kings Grant St. Nicholas Catholic Church Kingston King's Grant Presbyterian Church Lake Christopher New Convenant Presbyterian Church Lake Joyce Morning Star Baptist Church Lake Smith Bayside Church of Christ Landstown Landstown Community Church Larkspur St. Andrews United Methodist Church Lexington Larkspur Middle School Linkhorn Virginia Beach Community Chapel Little Neck Lynnhaven United Methodist Church London Bridge London Bridge Baptist Church Lynnhaven Tidewater Area Christian Fellowship Magic Hollow Virginia Beach Moose Family Center Malibu Malibu Elementary School Manor Providence Elementary School Mt. Trashmore Windsor Woods Elementary School Newtown Good Samaritan Episcopal Church North Beach Galilee Episcopal Church North Landing Hope Haven Ocean Lakes Ocean Lakes Elementary School Ocean Park Bayside Community Recreation Center Oceana Scott Memorial United Methodist Church Old Donation Calvary Baptist Church Pembroke Pembroke Elementary School Pinewood Lynnhaven Presbyterian Church Plaza Lynnhaven Elementary School Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex Point O'View Kempsville Church of Christ Red Wing Fraternal Order of Police, Lodge #8 Rock Lake Salem Elementary School Rosemont Forest Rosemont Forest Elementary School 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Satellite Absentee Voter Precincts (only for November Elections and Presidential Primaries) Salem High School Virginia Beach Volunteer Rescue Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Squad Courthouse Fire Station, Department of Motor Vehicles Office-Donna Drive, Department of Motor Vehicles Office-Buckner Boulevard Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of March , 2014. APPROVED AS TO CONTENT: oter Reg trar CA12902 R-1 February 26, 2014 APPROVED AS TO LEGAL 4?1 ? ' eC l?P ? r?- OLD DONATION PRECINCT :? Sf ? ' POLLING LOCATION CHANGE - . ? Effective : June 10, 2014 15???? n de??e P ? 1?,? : - . ? ?'l?'?? , ?¢•. , ?T? ? ? v.%'' ;?r, +?t'??` 4 PC i ?n' ! 51,,=- L ,='?F '`?-- • ? ,??Tt ,,, ?•.-,._.,_ tr?`? ?`?r ', ?l sy WSSH ' RRT RD z _.:._ a ??' ,r'-, a On ?,y F,?,, ,.. 5?°?..?., g ?fi1,r # o `?' y? ? yr : ... {? wArr,o4D ? ? .. STATE `d,R VARMOUTH ? , 1PCDT?? , aB : 4 j} ??? ? ?STLE D Q . p? c ?. ?o ? •, 1 ? , q ',Q ?p? rx 9C?` -0 ??? ?Q DRUM CASTIE . ? ' BGS?3CE`Y? ? ?'?l9kWFtl cu ??, = y s ` ?+,! r S.J U n 1 L'?i? ?T ?+?, ? f??y.oi ??x? ? • t???g/' iU{" ?;ApWORTX-µ `a ?CT, To: Calvary Baptist Church R ? 4832 Haygood Road Q1»RMOYT CT .. ? .8 '.% r ; " mpvL4t' ?'-S _?-- 'pACE 1i(L- ?. __..s (O` 1RNIWSiER DR ADOWS CT f opr?d lOR E5k, Q a a ' 5? x ? ? 4?g 0 1Cr__-??_IS Yrner 1 ?e 2*1 AV l l,q ??, ?z Q n: ° _ ?"' y r? : C]6 y ''?,h'I7 ? 0 A,? CT ?av ; ? ""-..e! 'vr ? cr h ?y O?' Wfn a ?l ?f ?4q r? •?S ° Cf ?V /BOT j3N 4?;' - - ??? FpjQ r T ???rtd _ ?15N - _4,N 4 Ql,f G,?' b -s y . .s ? +r .` : R CHOVJHIMG5 CR - i i ? ?f.k?! AU45 34 ?_, CTS t F?l,y .G?'O ?,?•??,?'a,'?,?, y _RA?NEL ST ' ; ? FRSjC;kF 57 ,.1 F?OAAI ST }. 47 ? qp ? ?`• ? `• z< s r'SS`? ? v• rfµ r? ? ._ ?F STS 'NiN ? ?? s ? t V Met h odi ? E ??,?_ ° O o T t " From: Old Donation Center 1008 Ferry Plantation Road = ' 4O i A ??G44? , ? onai?'; ??/i+j ? . . ! ?N A i t! SNAM CA ?; ?'?G? , r ; ?p ryE?,NIyPt ?? 4Y 't' '9 - -?-- ,-? ''--- -----7 ?--??ECHaa't?i+ -? KEp?L'aDEPENDfNCE CI s?;?. 4,...-•, . CI rV?` ?Bf,? ?'1 40,P ? : t? ? i Z?' •?QID :?? },..._? firV ?? N ?^5 p . • s ?<u,' ? .,5,?;,? ,?r, ? 'r e?rn m e RDS , ?(?,'A ,? STAMk., s m7? ?NSTIj4TION ?LRtN? ?'? ?pty? ot? n4 C-r• ; --_? . ?E AoVF N ?1--.. ?LGJ ox °?' ? G ev W; Z ? . ?? ?. ? r r ? IHS?A?E O ^. :k i ? i j {T O- ;??J??.. c r J -59- Item -V-K.1 c(1) ORDINANCES/RESOL UTIONS ITEM #63635 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: c. ADD §35.3-12 to CREATE and LEVY additional real estate taxes re the Gills Cove Neighborhood Dredging Special Service District (SSD) 1) CREATE the necessary Capital Project and TRANSFER $24,000 re engineering and design Voting: 11-0 Council MembeYS Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, MayoY Williarrt D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 25, 2014 1 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE 2 THE GILLS COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES 4 ON REAL PROPERTY WITHIN THE GILLS COVE 5 NEIGHBORHOOD DREDGING SPECIAL SERVICE 6 DISTRICT 7 8 SECTION ADDED: 35.3-12 9 10 WHEREAS, the City of Virginia Beach has received signed petitions from at least 11 80% of the residents of the Gills Cove Dredging Area waterfront property owners; and 12 13 WHEREAS, the petitions provide the signers commit to the imposition of special 14 service district ("SSD") taxes and other contributions as set forth in further detail herein; 15 and 16 17 WHEREAS, the Gills Cove Area Dredging Project ("Project") includes three (3) 18 cycles of dredging; and 19 20 WHEREAS, although the SSD taxes will begin July 1, 2014, the first dredging is 21 planned for FY 2015-16, the second is planned for FY2022-23, and the third is planned 22 for FY 2029-30; and 23 24 WHEREAS, the Project is a partnership addressing related dredging activities: 25 the community channel dredging, which is supported by City contributions to the Special 26 Service District; the neighborhood channel dredging, which is supported by the levy of 27 Special Service District taxes; and the access channels, which are supported by 28 individual contributions to the Special Service District; and 29 30 WHEREAS, the rate established by this Ordinance is based on the FY2013-14 31 real estate assessed value of the subject properties; and 32 33 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum 34 of every four (4) years; and 35 36 WHEREAS, the City Council of the City of Virginia Beach believes that 37 undertaking the Project is in the best interest of the public and is a reasonable exercise 38 of the City's authority to promote general welfare, including commerce and industry of 39 the City and the inhabitants thereof. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 45 reordained as follows: 46 47 Section 35.3-12. Creation of the Gills Cove Area DredQinq Special Services 48 District. 49 a. There is hereby created the Gills Cove Area Dredaing Special Service District for 50 the purposes set forth in this chapter and those set forth in Code of Virginia, 51 section 15.2-2403. 52 b. The boundaries of the Gills Cove Area Dredqinq Special Service District shall be 53 described in detail bv the map attached to this ordinance. 54 c. The Gills Cove Area Dredqinq Special Service District shall dissolve on July 1, 55 2030, if not sooner. 56 57 2. There shall be levied and collected taxes for the special purpose of providing 58 neighborhood dredging on all real estate within and pursuant to the Gills Cove Area 59 Dredging Special Service District at the rate of 6.3 cents ($0.063) on each one hundred 60 dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to 61 the real estate tax rate set forth by the General Real Estate Tax Levy adopted by City 62 Council. Any deferral of such levies for elderly or disabled persons shall be subject to § 63 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written consent is required to 64 apply this tax rate to the full assessed value of properties subject to special use value 65 assessment. The real estate tax rate imposed herein shall be applied on the basis of 66 one hundred percentum (100%) of the fair market value of such real property except for 67 public service real property, which shall be on the basis as provided in Code of Virginia 68 § 58.1-2604. 69 70 3. The City Manager or designee is hereby authorized to enter into contracts and to 71 perform other actions consistent with this ordinance. 72 73 4. Paragraphs 1 and 3 shall be effective immediately. 74 75 5. Paragraph 2 shall be effective July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of March , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ' Management Services APPROVED AS TO LEGAL SUFFICI { i y A orn6y's Office CA12896 R-2 February 24, 2014 APPROVED AS TO CONTENT: AN ORDINANCE TO CREATE CAPITAL PROJECT #8-016, "GILLS COVE NEIGHBORHOOD DREDGING," TO APPROPRIATE FUNDS AND TO TRANSFER FUNDS TO C I P #8-016 WHEREAS, by separate ordinance the City Council established the Gills Cove Neighborhood Dredging Special Service District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. Capital Improvement Project #8-016, "Gills Cove Neighborhood Dredging" is hereby created in the FY 2013-14 Capital Improvement Program; and 2. $24,000 is hereby transferred from the General Fund Reserve for Contingencies to Capital Project #8-016 for engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of March , 2014. APPROVED AS TO CONTENT: ? Management Services APPROVED AS TO CONTENT: ubl?c rks APPROVED AS TO LEGAL SUFFICIENCY: ...._. ( .J G' or ' ffice CA12897 R-1 February 24, 2014 ? z ,O = -? z v N ? O ?D O cD o 'r ? 0 O O A ? D? ? o' ? ? N n O < <D Z cD a' O ? ? O O Q. v ? ? ? c? c? ?41 . Attachment B Neighborhood Dredging for Middle Plantation - Gills Cove 6/24/2013 Number GPIN Address GC1 1498-25-4373-0000 901 Enfield Chase GC2 1498-25-3424-0000 905 Enfield Chase GC3 1498-25-1499-0000 909 Enfield Chase GC4 1498-25-0597-0000 913 Enfield Chase GC5 1498-15-9631-0000 3201 Nine Elms GC6 1498-15-9422-0000 3205 Nine Elms GC7 1498-15-7464-0000 3209 Nine Elms GC8 1498-15-5546-0000 3208 Nine Elms GC9 1498-15-6704-0000 3204 Nine Elms GC10 1498-15-3816-0000 3225 Stapleford Chase GC11 1498-15-1868-0000 3229 Stapleford Chase GC12 1498-15-1553-0000 Upper Palace Green ( Lot Only ) GC13 1498-15-1390-0000 3300 Upper Palace Green GC14 1498-05-9155-0000 3305 Upper Palace Green GC15 1498-04-7648-0000 936 Salisbury Green GC16 1498-14-0771-0000 3361 Herons Gate GC17 1498-14-2812-0000 3357 Herons Gate GC18 1498-14-3747-0000 3116 Yeates Lane GC19 1498-14-4884-0000 3108 Yeates Lane GC20 1498-15-6014-0000 3100 Yeates Lane GC21 1498-14-7829-0000 3092 Yeates Lane GC22 1498-14-9651-0000 3089 Yeates Lane GC22A 1498-14-8945-0000 Yeates Lane ( Lot & Dock Only ) GC23 1498-25-1007-0000 3076 Yeates Lane -60- Item -V-K.2a ORDINANCES/RESOL UTIONS ITEM #63636 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE property in EXCESS of the Ciry's needs and AUTHORIZE sale: DISTRICT 6 - BEACH a. PropeYty at Lake Rudee, adjacent to 606 GoldsboYO Avenue, to Ronald G. and Tarah D. Kiser to subdivide the property into one lot Voting: 11-0 Council Members Voting Aye: RobeYt M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Tjoting Nay: None Council Members Absent: None March 25, 2014 1 AN ORDINANCE DECLARING A 1,338 2 SQ. FT. (0.031 AC.) PORTION OF 3 PROPERTY LOCATED AT LAKE 4 RUDEE (a portion of GPIN 2427-01- 5 8282) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING 7 THE CITY MANAGER TO SELL THIS 8 PORTION OF PROPERTY TO 9 RONALD G. KISER, JR. AND TARAH lo D. KISER 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 13 10.37± acre parcel of land in the neighborhood known as Shadowlawn Heights (GPIN: 14 2427-01-8282) located at Lake Rudee in the City of Virginia Beach (the "Lake Rudee 15 Property"); 16 17 WHEREAS, Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Kisers") approached 18 the City with an offer to purchase a 1,338 sq. ft. (0.031 Acre) portion of the Lake Rudee 19 Property, more particularly described on Exhibit "A" attached hereto (the "Excess 20 Property") to incorporate the Excess Property into their adjacent residential property at 21 606 Goldsboro Avenue to provide access to the water; 22 23 WHEREAS, the City Council has determined that the Kisers' intended use is an 24 appropriate use for the Excess Property; and 25 26 WHEREAS, the City Council is of the opinion that the Excess Property is in 27 excess of the needs of the City of Virginia Beach. 28 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Excess Property is hereby declared to be in excess of the needs of the 34 City of Virginia Beach and that the City Manager is hereby authorized to execute any 35 documents necessary to convey the Excess Property to Ronald G. Kiser, Jr. and Tarah 36 D. Kiser, in accordance with the Summary of Terms attached hereto as Exhibit "B" and 37 made a part of this Ordinance, and such other terms, conditions or modifications as may 38 be acceptable to the City Manager and in a form deemed satisfactory by the City 39 Attorney. 40 41 This ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 5 t h day 44 of March , 2014. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-12766 R-1 PREPARED: 2/13/14 APPROVED AS TO CONTENTS P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFEICIENCY AND FORM )RNEY E CITY ATTORNEY DANA R. HARMEYER 5.0' 6.0' PROP. PROP. BOAT LIFT FLOATING LAKE RUDEE 12' X,2' --? °° DOCK ? cv o 6' x 50' EX. WOOD BULKHEAD F L O O D u? ? ? 8' x 12.5 ? p A S H E D P O R T I O N S H O W N S C A L E D EBB ? FROM CITY COMPOSITE MAP PROP. 20.40' PROP. ? R 12'5 ALUM. RAMP a CITY OF VIRGINIA BEACH FlXE?D PIE?- I PROP. M.B. 7 P. 14 20.4 x 16 °• ? ' 5'x 53.5' cO 20.17' 4 x 12 FLOATING ^ GPIN: 2427-01-8282 DOCK m I 6' x 14' ? MLW=MHW ALONG PRO'' PROPERTY TO BE EX. BULKHEAD 14* ALUM. ACQUIRED FROM TYLER PROPOSED 1,a38 so..Fti. RAMP PROP. =272.4 so. FT. ?PQ DOCK BULK EAD F,??\e MEX. BU K EAOD G 5? X 6I O I -?------ SEAWARD BOUNDARY AS SHOWN 2.0' O IN MAP BOOK 7, PAGE 14 I ? I PROPERTY TO BE (SCALED PLAT LINE) ACQUIRED fROM COVB I G --- 1338 SQ. FT. I Irn ? I _ O WAYNE L. TYLER ° AND ? o o I FREDERICK M. TYLER, JR. ? AREA BETWEEN PLAT LINE I ? I W.B. 102 P. 1402 EXISTING BULKHEAD ? °°o Z O GPIN: 2427-01-6582 EQUALS 1,338 SQ. FT. ?y a o s - - JOHN B. PARKER, III ° I p°„ ? O AND ?, ? 28.83' NANCY K. PARKER ? N 07•00'00° w N 83'00'00" E D.B. 1744 P. 454 15.00' GPIN: 2427-01-8610 N ? -?- T- 15.00, I 5 07'00'00' E I I ? I w I 18.90' TOTAL I O I I TH pF ° p c? W °° I VACATE---1 0 6??9 I ? N VACATE-- 1 I I W I L Li A M V. S I M M O N S ? D A ru" L E R ? D. B. 854 P. 199 `?) ' O. 11 10 I O ? 8 GPIN: 2427-01-6650 Q - a 3 8 3 9 5 I I V) LLJ <SS/aNAL ?NG\ I I ° I I ? 00-1 I I ? I ? Z I I ? 75.00' 90.00' U N 83'00'00" E GOLDSBORO AVENUE (50P R/W) M.B.7P.14 EXHIBIT A ENCROACHMENT PLAT FOR SHOWING EASTERN 1/2 OF LOT 8, LOTS 9& 10 PIER, BOAT LIFT AND BULKHEAD gLOCK 28, MAP OF SHADOWLAWN HEIGHTS LOCATED IN M.B. 7 P. 14 LAKE RUDEE VIRGINIA BEACH, VIRGINIA SCALE: 140' DECEMBER 5, 2013 „ E HIBIT G:\12\12-131jpa.dwg, 1/3/2014 3:54:04 PM, 1:40, DB g ? !?? ?? EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON LAKE RUDEE SELLER: City of Virginia Beach PURCHASERS: Ronald G. Kiser, Jr. and Tarah D. Kiser PROPERTY: Approximately 1,338± square feet of GPIN 2427-01-8282, located adjacent to 606 Goldsboro Avenue and Lake Rudee LEGAL DESCRIPTION: Portion of GPIN: 2427-01-8282 ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE ACQUIRED FROM COVB 1338 SQ. FT." as shown on that certain exhibit entitled, "EXHIBIT A ENCROACHMENT PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD LOCATED IN LAKE RUDEE," which exhibit is attached hereto as Exhibit A for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation, by Deed of Gift from Edwin B. Lindsley, Jr., dated March 28, 2001 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia Beach in Deed Book 4388, at page 1201, and re-recorded as Instrument Number 20100915000966510. SALE PRICE: $12,800.00 CONDITIONS OF SALE: • The Purchasers shall, at the Purchasers' expense, resubdivide the property and vacate interior lot lines to incorporate the Property into the Purchasers' adjacent property at 606 Goldsboro Avenue • The Purchasers shall submit a site plan for review and approval by the Planning Department prior to any construction. 0 The Purchaser shall adhere to all zoning ordinances. • Purchasers and Seller shall each be responsible for their own closing costs. Purchasers have a sixty (60) day due diligence period from the date of full execution of the Agreement of Sale within which to terminate the Agreement. • Settlement shall occur no later than ninety (90) days after the execution of the Agreement of Sale by all parties. -61- Item -V-K.2b ORDINANCES/RESOL UTIONS ITEM #63637 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of.• DISTRICT 6 - BEACH b. 1889 Virginia Beach Boulevard to Air Station General, LC for self- storage Voting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice MayoY Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Brad Martin March 25, 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 DECLARING THE PROPERTY LOCATED AT 1889 VIRGINIA BEACH BOULEVARD (GPIN 2407-46-8073) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO AIR STATION GENERAL, LC WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land located at 1889 Virginia Beach Boulevard and further described on Exhibit A attached hereto and made a part hereof (the "Property"); WHEREAS, the City acquired the Property pursuant to the Oceana and Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060); WHEREAS, the City funded the acquisition of the APZ-1 purchase through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the purchase price; WHEREAS, the Property is in an area designated for non-residential use in the APZ-1 /Clear Zone Master Plan adopted by Council on April 1, 2008; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Air Station General, LC ("Air Station"); WHEREAS, Air Station will construct a multi-level self-storage facility on the Property to prescribed standards acceptable to the City, which is a use compatible with Section 1804 of the City's Zoning Ordinance; WHEREAS, Air Station will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit B and made a part hereof; and WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property described on Exhibit A is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Air Station General, LC, in accordance with the Summary of Terms attached hereto as Exhibit B and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Further, that the revenue from the sale of the Property in the amount of $290,000 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area 47 48 49 50 51 52 53 54 55 56 Conformity and Acquisition, of which fifty (50) percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $145,000 retained by the City will available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 25thday of March , 2014. APPROVED AS TO CONTENT . , ? ? ?.- L.'C?l ?G Economic Development APPROVED AS TO CONTENT ???11L- `-'' - ?J Management Services 2 CA1 *950 \\vbgov.com\DFS I \Applications\CityLawProd\cycom32\ Wpdocs\D007\P01 8\00114952.doc R-1 3/11/14 APPROVED AS TO LEGAL SUFFICIENCY City At rney EXHIBIT A ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known as "GPIN: 2407-46-8073" and further being designated as "GPIN 2407-46-8073 52,695 SQ. FT. 1.210 ACRES" as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM K& D REAL ESTATE INVESTMENTS, LLC BY CITY OF VIRGINIA BEACH FOR CIP 9-060.001 VIRGINIA BEACH, VIRGINIA," Scale: 1"=40', Dated March 10, 2010, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100428000394350. Reserving unto the City all right, title and interest of the City, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia Beach from K& D Real Estate Investments, LLC by deed dated April 27, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100507000435710. FXHIRIT E3 SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1889 VIRGINIA BEACH BOULEVARD SELLER: City of Virginia Beach PURCHASER: Air Station General, LC PROPERTY: 1889 Virginia Beach Boulevard, GPIN: 2407-46-8073 and further described on the attached Exhibit A to the Ordinance SALE PRICE: $290,000 CONDITIONS OF SALE • Purchaser will be responsible for applying for a conditional use permit allowing a multi-level self-storage facility in the zoning district • Purchaser will be responsible for applying for a variance from the Chesapeake Bay Board due to the proposed development's proximity to the Resource Protection Area (RPA) • The Property will be resubdivided at the Purchaser's expense in order to vacate any interior lot lines • Purchaser shall submit a site plan for review and approval by the Planning Department for the construction of a multi-level self-storage facility prior to settlement • Purchaser shall be responsible for the construction of a turn lane for access to the Property should one be required during site plan review • The City will retain the right to repurchase the Property, less deposit, if Purchaser does not construct within 24 months of settlement • Purchaser will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping 0 Settlement will be on or before December 31, 2014. ? ? City of Virginia Sea,ch yo,.? z, ?? ;` ?' ? ?FS4 o44??,,. .? U. f OU ? S?ON VBgov.com BRAD MARTIN, P.E. PHONE: (757) 689-4840 COUNCILMAN - AT LARGE CELL: (757) 574-5454 BMartin@vbgov.com In Reply Refer to 0051649 March 25, 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: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance declaring the property located at 1889 Virginia Beach Boulevard to be in excess of the City's needs and authorizing the City Manager to sell the property to Air Station General, LC. 2. Martin Engineering, LLC is Air Station General, LC's engineer for a proposed self- storage facility at this site, and that project cannot go forward without the sale authorized by this ordinance. 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. 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Brad D. Martin Councilmember BDM/RRI -62- ItenZ -V-K.3 ORDINANCES/RESOL UTIONS ITEM #63638 Upon motion by Vice Mayor Jones, seconded by Councilman DyeY, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the 19'h Street Corridor Improvements project re study and design of an Arena within the development projects Voting.• I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None March 25, 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 AN ORDINANCE TO AMEND THE 19T" STREET CORRIDOR IMPROVEMENTS PROJECT (CIP 9- 069) TO INCLUDE THE STUDY AND DESIGN OF AN ARENA IN THE LIST OF DEVELOPMENT PROJECTS WHEREAS, the 19t" Street Corridor Improvements (CIP 9-069) project (the "Project") provides funding for the study and design of various projects in the 19th Street Corridor; WHEREAS, the City of Virginia Beach has accepted finro proposals for the design and construction of an arena in the 19t" Street Corridor; and WHEREAS, the City Council desires to expand the scope of the Project to authorize the expenditure of funds for the study and design of an arena in the 19 tn Street Corridor near the Virginia Beach Convention Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the description and scope of the 19th Street Corridor Improvements (CIP 9- 069) is hereby amended to include the study and design of an arena in the list of development projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 5 t h day of March , 2014. APPROVED AS TO CONTENT: Q. Budget and Management Servi es APPROVED AS TO LEGAL SUF-F4 NCY: ty At ey's/Office ?,.___ _... . ... .?-. CA12945 R-1 March 19, 2014 City of Virginia 8each, Virginia Fiscal Years 2813-14 thraugh 2018-19 Capital Improvement Program Praject: 9069000 Title: 19th Street Corridor lmpravements Status: Approved Category: Economic and Tourism Dev - EV Departmerrt: Pub{ic VVorks .- .- .- . . Pro'ect Type; New Facility CansiructioNExpansion ais#rict: 8each .. -. Funding Programmed Appropriateci Budgeted Non-Appropriafed Prograrnmed Ctf' Funding Future Funding To Date FY 2014 FY 2015 FY 2016 FY 20`I7 FY 2018 FY 2019 Fundin 12,7L1{1,004 12,700,000 0 0 0 fl 0 0 0 r- . . . .,- This project provides initial staR up fur?ding for study, design, property acquisition, and minimal infrastructure improvements to implement the Resart Area Strategic Action Flan's 19th Street?Ceniral Beach CQrridor. The praject includes study and design to implemen# recommended devalopn3ent projects including fhe Dome site entertainment projeci; headquarters hoiel; and zxpansian a€ The e.xisting conventirn center. Tfie project provides funding #ar study and design for #uil streetscape impravements from Parks Avenue to Arctic Avenue. The project aIso provides funding for aequisrtion of property for a parking facility ta be located in ihe black of 19th Street bounded by Arctic Avenue, 20th 5treet, and Baltic Avenue {see prnjecf 9-095 Arctic Avenue Parking Fscility )_ .. - . •. On December 2, 2008, the Resort Area Strategic Ackion Pian {RASAP} was adopted by the City Council_ Included in the plan are near-term, rrzid-term, and long-#erm implemeniation sfeps that are necessary to bring ifis vision expressed in the plan to reality. This projeet facilitates both near-term and lang-term implementation steps creating a coniprehensive pian ta develop the 19th Street carridar fram Birdneck Road fa Pacific Avenue. History . . This project first appeared in the FY 2006-07 GIP. The project scope was revised in the FY 2010-11 and in the FY 2011-12 GIPs. t]n February 28, 2012, Ciry Councit transferred $100,000 from this praject to project 9-058, Rudee inlet Conner.tor Walk to advance the bidding and construction of Phase I; the funding was repaid to this project in FY 201213. As o# tJQVember 2012, preliminary design was well underway with 30% desi n larrs scheduled to be com leted in March 2013. O.- g ..- Impacts C7perating budget impacts to be determined, and may include increased landscape maintenance and electricel costs. -.- .. Schedule . Praject Activities Fram - To Amount ????,?.?^? Design 07,'06-06T14 'OO,t7(lil Site Ac uisifinn 01?107 - 06114 9,200,000 ?`z+I X • ' .??"??? :?` "? ? Pnvate Uttlity AdjusFments Q1+`48 - 06l15 200,04D Construetion 90108 - 06115 1,800,000 °n J, Street Lighfs 01109-06715 300,000 Landscaping 01109 - 08115 200,000 Contingencies 07106 - 06?15 400,000 V Total Sudgetary Cost Esfimate: 12,700,000 "N Means . . ? + _? ? ?° t •? °? < c?:? Funding Subctass Amount • ?`?'v,gwro ???' Q local Fundirrg 12,700,000 ? t?? .? M»? a ' ? ` c T t i e ? ,? t ?? ?? '?? s ` ? ??? To#al Funding: 12,700,fl00 Fiscal Year 2013 - 14 2-7 Economi'c Vdtafity -63- Item -V-K.4a/b/c/d1e/f/g/h/i/j/k/l/m/n ORDINANCES/RESOL UTIONS ITEM #63639 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Substitute Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area: a. 1e Street Boardwalk Cafe 1801 Atlantic Avenue b. Baja Cantina Atlantic Avenue Side Street Cafe 206 23'.d Street c. Fish Bones Restaurant Connector Park Cafe 1211 Atlantic Avenue d. IZ Giardino Atlantic Avenue Side Street Cafe 910 Atlantic Avenue e. King of the Seat Atlantic Avenue Side Street Cafe 2612 Atlantic Avenue f. Laverne 's Connector Park Cafe 701 Atlantic Avenue g. Manhattan Atlantic Avenue Sidewalk Cafe 812 Atlantic Avenue h. ScYambled Atlantic Avenue Sidewalk Cafe 910 Atlantic Avenue j. The Beach Club Boardwalk Cafe 901 Atlantic Avenue k. Tortugas Boardwalk Cafe 3400 Atlantic Avenue l. ToYtugas Connector Park Cafe 3400 Atlantic Avenue m. Tropical Smoothie Atlantic Avenue Side Street Cafe 211 25`h Street n. Waterman 's Connector Park Cafe 415 Atlantic Avenue Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: John E. Uhrin March 25, 2014 SUBSTITUTE VERSION 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 AN ORDINANCE GRANTING THIRTEEN FRANCHISE AGREEMENTS FOR OPEN AIR CAFE.S IN THE RESORT AREA WHEREAS, by resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property; and WHEREAS, the City Council has traditionally granted initial franchises for one- year terms; and WHEREAS, if an open air cafe is successfully operated during the initial one- year term, the franchisee may return to Council and request a five-year franchise agreement; and WHEREAS, the following fourteen entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five-year terms: (1) BBH Hughes Corp., t/a 18t" Street Cafe, for operation of a Boardwalk cafe; (2) Baja Taco, Inc., t/a Baja Cantina Cafe, for operation of an Atlantic Avenue Side Street cafe; (3) Surfside Resort, Inc., t/a Fish Bones Restaurant, for operation of a Connector Park cafe; (4) Theme Restaurants, Inc., t/a II Giardino, for operation of an Atlantic Avenue Side Street cafe; (5) Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue Side Street cafe; (6) Seashore Management, Ltd., t/a Laverne's, for operation of a Connector Park cafe; (7) Samia, Inc., t/a Manhattan, for operation of an Atlantic Avenue Sidewalk cafe; (8) Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue Sidewalk cafe; (9) Dunes Investment Associates, LLC, t/a The Beach Club, for operation of a Boardwalk cafe; (10) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Boardwalk cafe; (11) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Connector Park cafe; (12) First Fruits, LLC, t/a Tropical Smoothie, for operation of an Atlantic Avenue Side Street cafe; and (13) Fogg's Seafood Company, t/a Waterman's, for operation of a Connector Park cafe; and WHEREAS, the Strategic Growth Area Office recommends that the above- named entities be granted open air cafe franchise agreements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby grants five-year franchise agreements to (1) BBH Hughes Corp., t/a 18th Street Cafe, for operation of a Boardwalk cafe; (2) Baja Taco, Inc., t/a Baja Cantina Cafe, for operation of an Atlantic Avenue Side Street cafe; (3) Surfside Resort, Inc., t/a Fish Bones Restaurant, for operation of a Connector Park cafe; (4) Theme Restaurants, Inc., t/a II Giardino, for operation of an Atlantic Avenue Side 45 Street cafe; (5) Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue 46 Side Street cafe; (6) Seashore Management, Ltd., Ua Laverne's, for operation of a 47 Connector Park cafe; (7) Samia, Inc., t/a Manhattan, for operation of an Atlantic Avenue 48 Sidewalk cafe; (8) Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue 49 Sidewalk cafe; (9) Dunes Investment Associates, LLC, t/a The Beach Club, for 50 operation of a Boardwalk cafe; (10) Ocean Beach Club Owner's Association, t/a 51 Tortugas, for operation of a Boardwalk cafe; (11) Ocean Beach Club Owner's 52 Association, t/a Tortugas, for operation of a Connector Park cafe; (12) First Fruits, LLC, 53 t/a Tropical Smoothie, for operation of an Atlantic Avenue Side Street cafe; and (13) 54 Fogg's Seafood Company, t/a Waterman's, for operation of a Connector Park cafe. Adopted by the City Council of Virginia Beach, Virginia on this 25th day of March , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: gic Gr h Area O ice City Attorney's Office CA12898 R-2 March 25, 2014 ? 2 ° • r ??? y q9? s u ' 5 [F_OUR NAS??N ` O?C? JOHN E. UHRIN CGUNCILMAN - DISTRICT 6 - BEACH ln Reply Refer to 0051655 March 25, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) VBgov.com PHONE: (757) 200-7005 JUHRINQVBGOV.COM Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: l. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafes. One of the franchises is for Seashore Management, trading as Laverne's Cafe, for operation of a Connector Park Cafe. 2. I have a personal interest in this transaction because I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Seashore Management is an affiliate of Burlage Management Corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. City of Virgirzia Beach 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, ? ohn E. Uhrin Councilmember March 25, 2014 JEU/RRI -64- Item -V-K. S ORDINANCES/RESOL UTIONS ITEM #63640 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO APRIL 8, 2014, BY CONSENT, Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert and Pearl Crichton DISTRICT 7- PRINCESS ANNE Poting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None March 25, 2014 -65- Itenz -V-K.6 ORDINANCES/RESOL UTIONS ITEM #63641 The following individuals registered to speak: Sanaantha O'Donald, 1129 Taylor Road, Phone: 510-3259, requested the permit be granted. Ms. O'Donald advised without the permit she will lose her job. She attends Tidewater Community College and, if the permit is denied, she will not be able to finish her education. Ms. O'Donald stated she was young and na'a've; however, she is not the same person as she was when she was arYested and asked that the permit be granted so she can continue moving forward in a positive direction. Upon motion by Councilman Moss, seconded by Council Lady Henley, City Council ADOPTED: Resolution re APPEAL to the City Council re the decision the Police Chief to deny a Secondhand Dealer Permit to Samantha Elizabeth O'Donald Voting: 8-2 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr. and lohn E. Uhrin Council Members Voting Nay: Rosemary Wilson James L. Wood Council Members Absent: None March 25, 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 A RESOLUTION PERTAINING TO THE APPEAL OF THE CHIEF OF POLICE'S DECISION TO DENYAN APPLICATION FOR A SECONDHAND DEALER PERMIT WHEREAS, Samantha Elizabeth O'Donald ("the ApplicanY') submitted a Secondhand Dealer Permit application on January 27, 2014; and WHEREAS, the Applicant indicated on her application that she had been convicted of two criminal offenses in the past ten years; and WHEREAS, the Applicant was convicted of two violation of Code of Virginia § 18.2- 103 [Shoplifting less than $200 - 1St Offense, and Shoplifting less than $200 - 2na Offense] on Juny 16, 2010; and WHEREAS, the application was denied by the Police Chief because City Code § 18- 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a crime of moral turpitude in the seven years prior to the date of application; and WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the denial to the City Council; and WHEREAS, notwithstanding the Applicant's past criminal convictions, the City Council believes the Applicant should receive a permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the appeal of the Applicant for issuance of a Secondhand Dealer Permit is granted, and the Police Department shall issue the Applicant the permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 5 t h day of March , 2014. APPROVED AS TO LEGAL SUFFICIENCY: C ity Atto r 's O CA12917 R-2 March 12, 2014 -66- Item -V-K. 7 ORDINANCES/RESOL UTIONS ITEM #63642 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $25,209 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re salary increases and training Voting: I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council MembeYS Absent: None March 25, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE DEPARTMENT OF HUMAN SERVICES 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 1. That $5,510 is hereby accepted from the Virginia Department of Criminal Justice 6 Services and appropriated, with estimated state revenue increased accordingly, to 7 the FY 2013-14 Operating Budget of the Department of Human Services for 8 training; and 9 10 2. That $19,699 is hereby accepted from the Virginia Department of Criminal Justice 11 Services to offset previously applied salary increases in the FY 2013-14 Operating 12 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 25 th day of March 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .m o," . - ^?:.. Budget and Management Services Cit A, 's Office CA12924 R-1 March 11, 2014 -- < i; SEP l 6 i COMMONWEA??? ?? ?IRGMA , : 1100 Bank Streef carra, L. wnee?ef Depa?'?e??t °.?Criminal .Tustice Services Richmond, Vrginia 23219 (804)786-4000 Director TDD (804) 38"732 September 5,2013 REVISED Mr_ James K.'Spore Ciiy Nfanager City of Vizginia Beach 2401 Courthause I1rive Vizgini.a. Beaclz, VA 23456 RE: GrantNo.: 14-R6355CC14 , . Revised Cammunity Coxxectians Award Deax Mr. Spore: The origizxal gmt avvard iu£orrnation, dated August 23, 2013, has been revzsed ta reflect an increase in the total amount of awarded funds fox fiscal ysar 2414. The additional aannouzut in Personntl inciudes raises for full-time Greneral Funded eznployees of Loeal Pretrial Servica Act and Comprehensive Comnounity Corrections Act employees, Enclosed you will find a"revisecP' Statement flf Crs-ant Award and Special Conditians. To iuadzoate your acceptance of the award and the special cond.i.tions, please sign the awazd aeceptance and rettzrn zt to Jauice Waddy, Grauts Administcator, at tlie Department af Cdm_ii3a.I Jusliee Servxces (DCJS). We apologize for any iunconvenience and will be happy to assist you 'vn any way we can to assure your project's success_ rf you have auy questiozzs regaxding thas xn atter, please contact 1'atxla Harpster afi (804) 786-1 ].46. , Sincersly, Janice Waddy Grants Administrator Enclasure ce: Ms. Shazon. Jones, Project DirecLoz', CC & Pretrial 1V1s. Patricra Phillips, Finance Direcior Ms_ Paula Ha,rgster, DCJS Monztor ... Criminal Justice Setvice Board • Comrnittee on 7raining - Advisory Commiftee on Juvenile 3ustice Advisory Committee to CourtAppointed Sgecial RdvocaEe arxi Children's JusticeAct Prograrns Private Security Services Rdvisory Baard • Crirninal Justice Information 5ystarns Committse ?4js www.dcjs.virginia.gov RIEVISED - Deparhment of Criminai Justice Services I10OBankStreet, lIth F1oor,Rickmond,'YA 13214 Stateuaenfi af Grant Award/Acceptance 5ubgrantee: Va Beach City Date: Septembec 10, 2013 Grant Period: Grant Namber: FYom; 07/01/2013 . Through: 0613(3l2014 . 14-R6355CC14 Project Director Projeet Administrator Finance (3fricer Ms. Sharon Janes Mr. James K. Spore tvfs. PatriciaPhiltips Project Director, CC & Pretria] City Mauager Finance Diector City of V4rginia Beack Ciiy of Virginia Beach City of'Virginia Beach 2425 Nimmo Pkwy, Btdg I OB, Rm CIO? 2401 Courthohse Drive 2401 Courthause Drive Yirgu?iaBeaeh, VA 23456 Virginia Beach,'VA 23456 VirginiaBeach, VA 23456 i'hone: (757)385-4689 Monet (75.7) .3854242 Phone; (757) 3854681 Emxil: sjjones@vbgov.cam Email: jspore@vbgov.cam Emaii: pphillip@vbgoV.com Gran# Award Budget Budget Cafegories DCJS Funds Federal General 3pecial l:ocal TOTAE.S 7'raveE $0 ?Q. $0 SO $0 Sugplies/C3ther $0 $5,510 $Q . SU . $5>S14 Persunne! $a . $t,109,551. $U $0 $1,109,551 Indim,ct-Cost $0 s0 $0 $o - $0 Equipment $0 $11,408 $0 $0 $11,008 consutr,anc $a so $a ?o $a fotais so $1,126,069 $o $o $1,126,064 This grant is subject to all rules, regaiatians, and criteria includetl in the grdnt guidelines and the speciai canditions attached therefo. Garth L. Wheeler; Direc#or The undersignad, havRng received the Statcmeut of Grant AwardlAccep ncc xnd the Cundifions att?ched fhercto, does hereby accept rh'ss grantand agree to the conditious pertaining Werefo, thisa ? day of ,20?? . Si?nafure_ Titte: c?? ? REVISED STATEIVENT OF GRAN'T AWARD SPECIA.L CONDITIONS Uepartment of CriminaF Jasiice Services 1100 Bank Street Richmond, V'rrginia 23219 Far the Comprehensive Commuuity Carrections Act Grant Program Subgrantee: Va Beach City Title: Cammunity Correctians Graut Number. 14-R6355CC14 Date: September 10, 2013 The following conditians are att-ached to and made a part of tEiis grant award: 1. By signing the Statement of Grant AwardlAcceptance, fhe grant recigiem agrees: + to use the gratit fiunds to carry aut the activities described in the grant appiication, as modified by the terms and conditions anached to this award or by subsequent amendrnents approved by DCJS; • to aclhere to the approved buciget contained in this award and amendments made to i# in accorci wzth these terms and conditions; ' • and to camp(y with al1 tezms, conditions and assurances either attached ta this avvard or snbmitted with the grant appIication; . 2. `4'Iie grantee agrees to submit repotts as requested by T3CJS. 3. Grant furids, including s#ate and local maich, map be expended andJor obligated during. the grant period. All legai vbligations rnust he liquiciated no later than 90 days after the end of the grant penod. Tha grant recipient agrees to supply a final grant financial report and return a13 rer.eived and unexpended grant funds (exclusive of Iocal match) to UCJS within 90 days after the end of the grant liquidation period. 4. The subgrantee agees to submSt such reparts as reqnested by DCrS on fozms provided by DCJS. Furtds from this graut wiIl not be disbw-sed, if any of the required Financial or 1'rogress reports aze overdue by more fhan 3 0 days untess yois can show gbod causs for missing the rspareing deadline: ' 5. By acceptifzg this b ant, the recipient assures that fimds rnade available tizrough it will not lie used ta replace staie or tocal £imds lhat would, in the absence of this grant, be marle avaiiable far the same puuposes. 6. 5ubgrantee znay faiFow their o.wn established iravel rates if they have an established travel golicy. If a subgrantee daes not have an estabIished policy, then they mast adhere to siate travel policy. The state alloxvs reiznbursement for actual reasanable expenses. Please refer ta the foIlawing IRS website for the most euxrent mileage rate: http://www.irs.Lrov/taxpros/article/O,,Id=1,56624,00.htm i: Transporration costs for air and rail musC be at coach rates. 7. Within 60 days of the siarting date of the grazzt, the grantee mnst initiate the project funded. If not, the subgrantee must report to the DCJS, by letter, the steps taken to mitiate the project, the reasons for the delay, and the expected starting date. If the prflject is not aperational within 90 days of the start date, the ;rantee must abtain approval in writing froin the DC7S for a new imptementation date or the DC.CS may cancet and terminate the project and r'edisiribnte the fvnds. 8. The graniee assures tha# programs established, operated, andfor contracted with under the authariiy of the Camptehensive Community Corrections Act for T.,aeal-Responsible 4ffanders and the Pretriai Sezvices Aet wiE eampty_ with ail standards, regulations, and guidelines pat forth by DCJS and any others that may be applicable. This includes but is not limzted to, those stated 'vn the "Minimum Standards for Local Community Corrections and Pretrial Services! }•w S't.atement of Grant Award Special Ganditions (Cantinued) Grant No: 14-R6355CCI4 9. Na amendziaent to the approved budget may be made vc7thaut the approval of DCJS. No more than two (2) badget amendm.ents'yvill be permi#ted dnring the grant period. Budget amendtceents must be requested using the anline Grants lYianagement Informafion Systein, (GNIIS}, accvmpauied with a narrative. No b-odget smendments wi.ll be ailowed after Apri130,2014. 14. The grantee agrees to forward a copy to the DC7S of the scheduled audit of this grant awasd_ 11. A31 pu.rchases for gaads and services must comply witb the Virginia Public Procurement Ac#. Procurernent #ransaetions, whether negotiated or advertised and. withaut regard to dollar value, shall be conducted in a manner so as ta provide maximum apen and free competitian. An exemption to tbis regulataon xequires the priar approval of the DCJS and is only given in unusuai circumstances. Any request for exemption must be submitted in writing to the bC7S. Permissian to make sole saurce procurements must be abtained from DC3S,in advance, . 12. Aceeptance of this grant award hy the iocal government apglicant constitutes its agreement tbal it assunnes f.ull responsibility for the management of a11 aspects of the grant and the activities fimded by the gmt, including assuxutg proper fscal rnanagement of aud accounting for gr4?nt funds; assuring that persanxtel paid with grant fnnds are hired, . supervised ancl evaluated in accord. with the locai governmez?t's establ3shed employc?eut and persoc?nel policies; and assuiing that al[ te.nms, conditions and assurancesr-those submitted with the grant appiicarinn, and those issued wi#h this award---are comp[ied wi#h. . Any delegation of zespousibility foc carrying out gxant-fundsci activities to an Qffice or departrnent not a part of the local government must be pursuant to a written memorandum of imders{anding by which the unplementing oifice or deparliient agrees to compIy with a11 applieable g-ar?t terms; canciitions and asstuacices. Any such deiegation notwithstanding, ihe appIicant acknowledges by its acceptance of the awa.rd its ultzmate respansibility for compliance with aF] terms, aondifians and assurances of the grant award. 13. PROJECT INCOME: Any €tands generated as a direct result of DCJS granfi funded prajecfis are deemed praject income. Project income must be reparted on forms pravided by DCJS. The following are examples of p%ject income: Service fees; Ciient fess; Usa.ge ar Rcntal fees; sales of rnaterials; income received from sale of seized and fozfeiYed assets (cash, personal or real ptnperty included); 14. Each participating laca.lity must be represeated by a Community Criminat Justice Baard (CC7B) to serve as an advisory body to_.the local goveming body on matters pertainina to local criminal justica issues. The compasition of the CCTB is specified in 9.1-178 of the Caie of Virginia, 1Zepnrt any changes in membexship to The Correctional. Services Unit of tha DeparCuYent. 15. Local fimds and fees suppiementing salaries or any ather area should be shawn in the match coiumn. Ib. Employees, full ar part-time, under CCCA and PSA progzazns shali nat serve in any paid cansui'tan# Qapacity for the program by vvhich they are employed. . 17. Att changes w'rthin budget categories of the Corssultant's lins are subject to tite same DCIS approval process that applies to the overali grant. 18. The grantee tufdezstands tisat it is the responsibiiity of the Praject Admizzistratar to overses tIxe management of the grant awarc3. 19. TTie grantea understands that the continvation and/or leveI of funding will be based an the availability of funds, the performance of the project in meeting its goals and objectives, and tlae recipient's compliance with the grant requirements and cQnditions. , . 20. The grantae wiil submit grazzt fizzancial and progress reports required by DCJS. Thcse shall be submitted to DC]S on the 12th working day following the close of each quarter. Reparts are required even i£ no expenditures have occurred. ?.= NStatemenf af Gxaat Award Special Conditions (Continued) Grant Na: I4-R6355CC14 21. The grantee wiil submit montbly dara xeporks required by 17CTS. These shall be submitted to DCJS by the 12'h working day of the fallowing mflnth. 22. The grantee will comply with the aatomated data collection and case management systetn installation and use as directed by DCJS. 23. 'I'he grantee assures that fund acoaunting, auditing, ICSORIt0271"Ig, and snch evaluation pcocedures as may be necessary to keep such records, as DCJS shall prescribe, shall be provided ta assure fiscal controL praper management, and efficient disbursement aP fitads received under tizis grant. ' 24. Piior to DCJS disbursing funds, the Grantee mxyst campiy wi#h #he foliowinA special couditions: a) This awaxd iacludes additional €unding under the "Supplies and Other Operating Expenses" #o use for staff training (registration, travei, meals. and inaidentals related to the iraining, etc.) iri the amous?t of $5,510 based on FTEs with caseloads regorted in your kY2014 gran.tbudget. This f.unding is a onetime award that muscbe incorporated in#o your kY2014 budget and regartsd wz#b your base funding amount on GMIS and your QFR. If you move it into another 1ine tCem, you mtzst submit aBudget Amemdment Request in GIVIIS. b) 7'kzis award includes an additional $19,699 in the persotvnel line item for the 3% base salary increase for fuil time state funded ]ocal positions as specifed in the Appropriations Act under the Ceniral Appmpriations section, Item 4463 - Campensatian aud 33enefit Adjustments: "Ihis is for fuil-time State funded CCCA and PSA emplayees and effective August i, 20I3 (l I months). If this funding is zztaved to anotlier line item, you must subuAit a budget amendment request befQre Apri] 30, 2014. -67- ItenZ -V-L PLANNING ITEM #63643 l. ALICIA INMAN 2. HISTROIC KEMPSVILLE MASTER PLANAREA CONDITIONAL USE PERMIT March 25, 2014 -68- Item -V-L PLANNING ITEM #63644 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1 and 2a,/b/c/d(11213) DEFER TO APRIL 22, 2014 of the PLANNING AGENDA. Tjoting.• I1-0 Council Members Tjoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Iames L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2014 -69- Item -Y-L.1 PLANNING ITEM #63645 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of ALICIA INMAN for a Conditional Use Permit re personal training and group exercise services at 2173 Old Pungo Ferry Road DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALICIA INMAN for a Conditional Use Permit re personal training and group exercise services at 2173 Old Pungo Ferry Road (GPIN 23094353090000) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. Approval for any necessary on-site private wells, septic systems and wastewater disposal systems shall be obtained from the Health Department. 2. There shall be no more than five (S) individuals attending a class during any single time. 3. Hours of operation shall be 6.•00 A.M. to 10.•00 P.M. 4. There shall be no noise disturbance associated with the use to the adjoining property owners. 5. Per Section 234 of the City Zoning Ordinance (CZO), there shall be no more than one (1) sign identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated and shall be mounted flat against the wall of the house. 6 Per Section 234 of the City Zoning Ordinance (CZO), no more than twenty (20) percent of the floor area of the dwelling unit and its accessory structures shall be used in the conduct of the activity. 7. The vehicular entrance for the site shall have a concrete driveway apron compliant with the current Public Works Standards for right-of-way impYOVements and entYances for rural single family dwellings. 8. The existing aboveground pool and deck must meet all safety requirements provided by the Virginia Building Code. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty Fifth day of March, Two Thousand Fourteen March 25, 2014 -70- Item -V-L.1 PLANNING ITEM #63645(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2014 -71- Item -V-L.2a/b/c/d(1/2/3) PLANNING ITEM #63646 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council DEFERRED TO APRIL 22, 2014, BY CONSENT, Re: HISTORIC KEMPSVILLE MASTER PLAN AREA: DISTRICT 2 - KEMPSVILLE a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive- through facilities. b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive-through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD Section 233.02, re Standards for Drugstores with drive-through facilities in the B-4K Historic Kempsville AYea Mixed-Used District and to AMEND Section 2003, re ADDING drive-through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area Mixed-Used District. c. Conditional Use Permit (City/S.L. Nusbaum) for a drive-through Drugstore at Princess Anne and South Witchduck Roads d. Street Closures: 1) Unimproved portion of the right-of-way of Singleton Way (foYmerly Princess Anne Road) 2) Unimproved portion of the right-of-way of Singleton Way (formerly Princess Anne Road) 3) Unimproved portion of the right-of-way of Singleton Way (forfnerly Princess Anne Road) and South Witchduck Road (formerly Kempsville Road) Voting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2014 -72- ITEM V-M APPOINTMENTS ITEM #63647 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE TRANSITIONAREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION March 25, 2014 -73- ITEM V-M APPOINTMENTS ITEM #63648 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DAVID ARIAS Three Year Term 0710I12014 - 0613012017 EASTERN VIRGINAI MEDICAL SCHOOL Voting: I1-0 Council Members Yoting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None March 25, 2014 -74- ITEM V-M APPOINTMENTS ITEM #63649 Upon NOMINATION by Vice Mayor Jones, City Council APPOWTED: JENI SELPH - JUNIOR ST UDENT, GREEN R UN HIGH SCHOOL Two Year Term 0910112014 - 0813112016 and REAPPOINTED REVEREND E. RAY COX, SR. L. W. KIEWER, JR. JAMES E. PARKE Three Year Term 0410112014 - 0313112017 HUMAN RIGHTS COMMISSION Poting.• 11-0 Council MembeYS Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent. None March 25, 2014 -75- ITEM V-M APPOINTMENTS ITEM #63650 Upvn NOMINATION by Vice Mayor Jones, City Council APPOINTED: BOBB Y BEASLE Y, ALTERNATE Unexpired Term Thru 0813112015 IN VES TIGA TI VE REVIEW PANEL Voting: I1-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 25, 2014 -76- ITEM V-M APPOINTMENTS ITEM #63651 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: PRESTON MIDGETT TOM ETTER No Term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 11-0 Council MembeYS Voting Aye: Robert M. Dyer, Amelia N. Ross-Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad MaYtin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and Jarnes L. Wood Council Members Yoting Nay: None Council Members Absent: None March 25, 2014 -77- Item -V-P ADJOURNMENT ITEM #63652 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:58 P.M. Amanda Finley- arnes, C C Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor March 25, 2014