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DECEMBER 9, 2014 MINUTES-1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia ?. December 9, N14 Vice Mayor Louis R. Jones called to order City Council's Briefing, in the City Council Conference Room, Tuesday, December 9, 2014, at 3: 30 P.M. Council Members Present.• Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. (out of the City on Family Vacation) December 9, 2014 -z- CITY COUNCIL'S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM #64404 3:30 P.M. Vice Mayor Jones welcomed James Parke, Director - Office of the Tjolunteer Resources. Mr. Parke expressed his appreciation for the privilege to share the successes for FY2013-2014 and the continued support of the Volunteer Program. Mr. Parke introduced Mary Freeman and Melissa Zibutis, both will be presenting a portion of today's presentation. Ms. Freeman also expressed her appreciation to City Council for their support during the past year, as it was most difficult with the death of our Founder, leader and the heart of our office, Mary Russo. Marv graciously gave the better part of her 87 years serving the community. In 1978, Mary founded the Virginia Beach Office of Volunteer Resource. Her Yolunteer resume read more diverse and far longer than most, her passion was with City Government. Mary was constantly creating new opportunities for Citizens and Staff to become better engaged and educated. She was a power-house Volunteer and was a`Beacon of Light" for the next generation of public servants and Yolunteers alike. Her legacy will live on through the memories, through the volunteer program, and the beautiful Volunteer Recognition Garden named for her this past Spring. Mary was selected to be the Grand Marshall of the Holiday Parade at the Beach last year and below is a photograph from that night. Mary was honored to be selected as Grand Marshall and we continue to cherish the remarkable spirt of the amazing Mary Russo: December 9, 2014 -3- CITY COUNCIL'S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM #64404 (Continued) The existing staff and the more than 120 Volunteer Resource Managers have done a tremendous job keeping the spirit of Mary's legacy alive and well. The Office of Yolunteer Resources exists to support and guide the City of Virginia Beach Departmental Yolunteer Programs by connecting Citizens with government through diverse Volunteer opportunities. Below is the revised Mission Statement: December 9, 2014 -4- CITY COUNCIL'S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM #64404 (Continued) This past fiscal year was one of incredible growth in an effort to support and bring the City's 2040 Vision to a reality: More than 23, 000 Yolunteers gave almost 1.2Million ltours of service, valued at $18.7-Million. Without Volunteers, the City would require 568 full-time staff to maintain the current service delivery standard. The avoided Real Estate Tax Rate was 3.9 cents on one hundred dollars. These figures are a great tribute to our Yolunteers and Staff, both who work daily to do more with less: December 9, 2014 -5- CITY COUNCIL'S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM #64404 (Continued) Below is one more way showing how Volunteers make Virginia Beach a truly "LIVEABLE COMMUNTY": The top value is determined by the specific job description of each Volunteer matched to a current salary figure. However, it is important to point out there is no value to the "human value " of the Volunteers, young and old, that work closely with City Staff December 9, 2014 -6- CITY COUNCIL'S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM #64404 (Condnued) Below is the Top Hours of Ser-vice by Department, each of which brings a unique but vital service to the City: Volunteerism continues to grow in the City. Below is the top growth by Department: December 9, 2014 -7- CITY CDUNCIL'S BRIEFING VOL UNTEER RESOIIRCES ANNUAL REPORT ITEM #64404 (Continued) At Mary Russo's insistence, Departments are now counting the hours of the many Volunteers serving on Boards and Commissions throughout the City: Without our dedicated Volunteers, many Departments tivould not be able to fulfill their Mission. Below is the top Volunteer supported Departments: December 9, 2014 -8- CITY CO UNCIL'S BRIEFING VOL UNTEER RESO URCES ANNUAL REPORT ITEM #64404 (Continued) Recently, City Council received a Briefing from Melzssa Zibutis, Yolunteer Office and Sergeant Billy Zelms, Police Department/Crime Prevention Office regarding Nextdoor. This program is an effort to assist "Neighbors Helping Neighbors ", a dream of Mary Russo and will move neighbors into true safe neighborhoods. Mary's Vision continues with the new goals and work relating to this program: Mr. Park again expressed his appreciation to City Council for their commitment. Mr. Park presented City Council a check representing the value of Volunteers in FY2013-2014 at $18.6-Million. Vice Mayor Jones expressed his appreciation to Mr. Park and all of the outstanding City Volunteers. December 9, 2014 -9- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 3:48 P.M. Vice Mayor Jones welcomed Cindy Curtis, Deputy City Manager. Ms. Curtis expressed her appreciation to City Council for the continued support of the Mayor's Action Challenge for Children and Families. There are a number of City Staff involved in this "actionable challenge " and they will be providing updates in their respective fields: In 2008, twenty-six (26) Mayors from Cities across the Country, founded the challenge in recognition that strong cities are built on a foundation of strong families. This focuses on the below four (4) priorities: • OPPORTUNITIES TO LEARN AND GROW • A HEALTHY LIFESTYLE AND ENYIRONMENT • A SAFE NEIGHBORHOOD TO CALL HOME • A FINANCIALLY FIT FAMILY IN WHICH TO THRIYE December 9, 2014 -10- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) In 2010, Mayor Sessoms accepted this Challenge and the City initiated it's Member Action Plan, within the Strategic Plan. Today's presentation will provide a status update on the progress made to date. Ms. Cur•tis welcomed Karen Kehoe: Virginia Beach,Virginia -A Coinnlrutity for a Lifetinie b < .. ,V6 aeµvl'I.u?t.?A?hie.e('ev('??n??lnlu?n? or?Nefuwre vnu-zmz VIRGINIA BEACH MAYOR'S ACTION CHALLENGE PLAN OCTOBER 2010 Ms. Kehoe advised they set the BOLD GOAL for opportunities to learn and grow that focused on School readiness, knowing a solid, early foundation is critical to later academic success. Based on this, the goal was 90% of Kindergarten students being "ready to learn, " as defined by PALS (Phonological Awareness Literacy Screening). OPPORTUNITIES TO LEARN AND GROW EARLY LEARNING CHALLENGE GRANT EARLY CITY LITERACY SCHOOLS, CENTERS COMMUNITY ' AT RLL gppROACH LIRR.4RIES,*Fpp-- -q-i* ' • . • - • D • LEARN LEADS: KAREN KEHOE & EYA POOLE December 9, 2014 -11- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) Below are some of the "enduring challenges " they are facing; however, they are always looking for ways to build on their successes: OPPORTUNITIES TO LEARN AND GROW ENDURING CHALLENGES • STAGNANT PALS SCORES • NARROW DEFINITION OF "READINESS" • STUDENTS LOSING SKILLS OVER THE SUMMER • OVER 29% 3RD GRADERS READING BELOW GRADE LEYEL • LACK OF ACCESS TO DATA In 2012, the City and Schools came together to make Virginia Beach one (1) of 142 communities in the National Campaign for Grade-Level Reading Network. The BOLD GOAL we set for ourselves was that 100% of 3"d Graders will be reading on or above grade level by 2020. Membership in this National network gives us access to technical assistance, resource sharing and funding opportunities: OPPORTUNITIES TO LEARN AND GROW SCHOOL READINESS CHRONIC ABSENCE SUMMER SLIDE GOAL: 100% 3RD GRADERS READ[NG ON OR ABOVE GRADE LEVEL BY 2020 December 9, 2014 -12- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) Collaboration is the key to ensure the success of the grade-level reading efforts. Our local campaign, which has been branded, "Virginia Beach READS, " is represented by these partner organizations: -- _ _ OPPORTUNITIES TO LEARN AND GROW V4RGdN J BEACH G „, SMART E?porienee tha c?un! ? °,i ? ????S VIRGINIA BF.AQ I PUBLIC LIBRARY T 3 5< v?? i? .;:>r d ,e- `. teRd voknteer resources "--.? ? VINGINfA 8P4CH CItY pVBLIC iCNOOCy IRK The Virginia Beach Public Library and the Department of Parks and Recreation have taken the lead on the Summer Reading Initiative. The Library has partnered with some of the City's Title I Schools as the first program of the Virginia Beach READS campaign: OPPORTUNITIES TO LEARN AND GROW V1Rf31N1A13Y.A211 13I 1'1AC IdI3Rt11t\' ?- ? . : as F?. ? ' aa ? ?'?a=?rt?rssts> ?? e g 4Friends ? ...... ? ?.. December 9, 2014 -13- CITY MANA GER'S BRIEFING MAYOR'S ACTIOIV' CHALLENGE ITEM #64405 (Continued) Citizen Engagement is another key factor in our Virginia Beach READS campaign. Without engaging our community members, we cannot achieve meaningful impact. In 2014, Virginia Beach READS recruited Citizens to get involved in our grade-level reading efforts. Over 150 Yolunteers signed up to read to 2-, 3-, 4-, and S year olds at 36 local pYeschools as a part of Read Across America Day. Also, this past Fall, we launched a Volunteer Tutoring Program, currently serving 100 first grade students who struggle in reading receive the twice-weekly tutoring from 90 Volunteer Tutors at three (3) Elementary Schools. The Volunteers received intensive training from Virginia Beach Ciry Public Schools and ongoing support from Virginia Beach GrowSmart. OPPORTUNITIES TO LEARN AND GROW READ ACROSS AMERICA DAY 2,400t PRESCHOOLERS 155 YOLUNTEERS 36 PRESCHOOLS ccTHIRo ??ADE R???S" 'i'U`I"ORING PROGRAli9 100 FIRST GRADERS 90 VOLUNTEERS 3 SCHOOLS Below are some "needs for the future " requesting City Council consider: OPPORTUNITIES TO LEARN AND GROW NEEDS FOR THE FUTURE • ALL KINDERGARTENERS' INSTRUCTIONAL NEEDS MET • INCREASED DATA SHARING • DEVOTE FUNDING & RESOURCES TO ADDRESS: - SCHOOL READINESS (GROWSMART,VBPU - CHRONIC ABSENCE (VIRGINIA BEACH CITY PUBLIC SCHOOLS) - SUMMER SLIDE PREVENTION (VIRGINIA BEACH PUBLIC LIBRARY) December 9, 2014 -14- CITYMANAGER'S BRIEFING MA YOR'S A CTION CHALLENGE ITEM #64405 (Continued) By continuing to tackle new challenges and provide every Citizen equal access to opportunities to learn and grow, we get closeY to the 2040 Vision of Lifelong Learners who live and prosper in Virginia Beach. Ms. Kehoe welcomed Dr. Heidi Kulberg, Director of Public Health: OPPORTUNITIES TO LEARN AND GROW 2040 Yision Campaign for (2040) Grade Levei Reading _ ? "...lifelong learning opportunitiesthat ' Mayor's Action create a synergy Chalienge 100% where ail citizens (2012) third graders can live healthy reading lives, grow daily, 9?? on or above continually KG students grade Ievel reinvent, and ready to prosper:' leam Dr. Kulberg, Director of Public Health, also expressed her appreciation to City Council for their continued support. The Health Department and Parks and Recreation have combined efforts to tackle the Healthy Lifestyle and Environment component of the Challenge: A HEALTHY LIFESTYLE AND ENVIRONMENT LOCAL GOALS AND TARGETS: CURB CH/LDHOOD OBES/TY AND PROMOTE PREVENTAT/VE HEALTH CARE, HEALTHY EAT/NG AND PHYS/CAL F/TNESS... ? ? ? VIRc?NIA e€ncx cztzes, tnwns & counties LEADS: HEIDI KULBERG & MICHAEL KALVORT December 9, 2014 -15- CITY MA NA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) In 2014, the City was awarded a Grant and purchased Skillastics Activity Kits. The kits are used in all 56 Elementary Schools and six (6) Recreation Center After School Programs: A HEALTHY L[FESTYLE AND ENVIRONMENT SKILLASTIGS ACTIVITY K1TS FOR ALL V(RGINIA BEACH OUT OF SCHOOLTIME AFTER SCHOOL PROGRAMS. ? • SKILLASTICS ACTIVITY KITS USED IN ALL 56 ELEMENTARY SCHOOL AND SIX RECREATION ? CENTER AFi'ER SCHOOL PROGRAMS ? ?.? • 2.400 YOUTH ATTEND AFTER SCHOOL ? PROGRAMS DAILY • STUDENTS ENGAGE IN AT LEAST 30-45 MINUTES OF MODERATE TO VIGOROUS PHYSICALACTNRY EVERY DAY The City was awarded a Grant for Healthy Eating Active Living (HEAL) Program which encourages healthy eating.• A HEALTHY LIFESTYL.E AND ENVIRONMENT. LET'SMOVEVBOUT OF SCHOOLTIME NUTRITION AND PHYSICAL FITNESS PROGRAM • PARTNERSHIP WITH ODU AND EVMS CURRENTLY PILOTED IN FOUR ELEMENTARY SCHOOLS • PROGRAM COMPONENTS : - NUTR17'IONAL EDUCATION - STRUCTURED PHYSICALACTIVITY - PRE AND POST ASSESSMENT OF FAMILY EATING HABITS • PILOT TO CONTINUE THROUGH 2015 SCHOOLYEAR December 9, 2014 -16- CITYMANAGER'S BRIEFING MAYDR'S ACTION CHALLENGE ITEM #64405 (Continued) National League of Cities teamed up with Healthy Living to decrease Childhood Obesity. The City ranked in 3"d Place over 400 Cities Nationwide: A HEALTHY LIFESTYLE AND ENVIRONMENT NATIONAL LEAGUE OF CITIES ?'- Lx::;':? N ??'•; e. c;+.ies tsu nsscountiet WCREASING OPPORTUNITIES FOR HEALTHY LIYING AND DECREASING CHILDHOOD OBESITY •GOAL I: START EARLY START SMART (GOLD MEDAIa •GOAL II: MYPLATE, YOURPLATE (GOLD MEDAL) •GOAL III: SMART SERVINGS FOR STUDENTS (GOLD MEDAU •GOAL IV: MODEL FOOD SERVICE (BRONZE MEDAU •GOAL V: ACTIVE KIDS AT PLAY (GOLD MEDAL) VIRG/N/A BEACH RANKED /N 3RD PLACE BRACKET OF OVER 4OO C/T/ES ' Below are National Campaigns to help achieve the Goals: A HEALTHY LIFESTYLE AND ENVIRONMENT. GOAL I: SQUARE ONE' HELPINGKlDSGETf7T!" t I1 ` • TRAINING FOCUSED ON FIGHTING CHILDHOOD OBESITY ( THROUGH HEALTHY EATING IN A PRESCHOOL SETTING • ONLINE, WEBINAR, AND CUSTOMIZED TRAINING AT EARLY CHILDCARE SITES • IN 2014, 75 CHIID CARE PROVIDERS ATTENDED THIS COURSE GOAL V: VIRGINIA BEACH PARKS AND RECREATION • GEOGRAPHIC ACCESS TO OUTDOOR ACTIVITIES PROVIDED THROUGH VBPARKFINDER • INCREASED ACCESS TO ACTIVE PLACES: ` - OUTDOORS PLAN ? - BIKE & TRAILWAYS PLAN - REVENUE/PRICING December 9, 2014 -17- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) HEALTHY EATING ACTIVE LIVING CAMPAIGN FOCUS ON ACCESS TO HEALTHY FOODS • HEALTHYYENDING MACHINE POLICY • HEALTHY OPTION RESTAURANT CAMPAIGN • SUPPORT FOR LOCAL AGRICULTURE AND MOBILE FARMER'S MARKETS Chief Jim Cervera advised the Police Department's role in this Challenge is providing "a Safe Place to Call Home ". Chief Cervera is proud to report there is real "legitimacy" in Policing that influences the capacity of the Police Department to foster compliance and cooperation. A SAFE PLACE TO CALL HOME VBPD IS COMMRTED TO : • COMMUNITY-0RIENTED POLICING PHILOSOPHY • LEGIT'IMACY IN POLICING WHICH INFLUENCES THE CAPACITY OF POLICE TO FOSTER COMPLIANCE AND COOPERATION • HOLISTIC PROBLEM SOLVING OUTCOMES: • REDUCTION IN CRIME • REDUCTION IN FEAR OF CRIME • INCREASED QUALITY OF LIFE • INCREASED CITIZEN SATISFACTION WITH POLICE LEAD: POLICE CHIEF JAMES CERVERA December 9, 2014 -18- CITY MANA GER'S BRIEFING MA YOR'S ACTION CHALLENGE ITEM #64405 (Continued) Below are comparative statistics for the Green Run Initiative: COMMUNITY POLICING-GREEN RUN INITIATIYE r?Gm??aF _ o :oeU=: a ft?F;.' _ . 222.; •. PGb4 Y t9 14 A 7'. S " kq? t?k I• 7F IS 6? 11 ? .. ftll.r{.KY °Restc?e :?.€1 133 S4 4C41 .5t . . ? ? `? ta o ,?"99 A3 a' 213 '2Fic e 1? 79 : ?2 a,on 301nu, 3 DrstgvrQ4a6ona 71 . r;= S,sy1 L ?h? 25 ?S ?A% ..24 December 9, 2014 -19- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) LEGITIMACY IN POLICING How: • STRATEGIES FOR YOUTH TRAINING -1 ST PD IN THE COMMONWEALTH TO IMPLEMENT • POLICY REVISIONS ON INTERACTION WITH JUVENILES • SOCIAL MEDIA OUTREACH BY PAO • INCLUSION AND DIVERSITY • MINORITY RECRUITMENT BUILDING BRIDGES IN OUR DIVERSE COMMUNITIES BY: • T2UST • MUTUAL RESPECT • CULTIVATE RELATIONSHIPS • TF2ANSPARENCY • "A PART OF AND NOT APART FROM" • FAITH-BASED OUTREACH The Mayor challenged the Police Department to complete 300 door-to-door surveys. Chief Cervera is proud to report in 2014, they completed over 1,800 of these surveys. Through these surveys, the City and Police Department continue to gain an in-depth understanding of what is needed to help the Citizens feel safer in their homes: December 9, 2014 -zo- CITYMANAGER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) The Police Department respects the sanctity of life and, as evidence, has over 260 Officers Certified in CIT. The policy is instead of a"take-down " let's do a"talk-down ": DIGNITY AND RESPECT CRISIS INTERVENTION • COMPASSIONATETREATMENT OF MENTALLY ILL IN CRISIS • HOLISTIC JOIMT EFFORTS DHS, PD, ECCS, ADVOCATES, FAMILJESAND COMMUNITIES • DNERSION TO HELP VS. JAIL • SAFE7YAND REDUCTION IN INJURIES • VB CIT AWARDED $176.635 • CIT OFFICER OF THE YEAR BY HRC To ensure the Officers continue to be the best, beginning in February 2015, they will receive training to ensure fair and impartial policing: VBPD -THE WAY AHEAD DEVELOPING AND INCREASING: • JUVENILE JUSTICE JEOPARDY • INTERACTIYE GAME DEYELOPMENT w/ DHS, VBCPS, TYSC, AND VBPD • MINORITY RECRUITING WORKING GROUP EFFORTS • NEXTDOOR.COM FY2015 PROFESSIONAL DEVELOPMENT & TRAINING : • FAIR AND IMPARTIAL POLICING • LEGITIMACYAND PROCEDURAL JUSTICE IN POLICING • HOLOCAUST MUSEUM • STRATEGIES FOR YOUTH December 9, 2014 -z1- CITYMANAGER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) Below is an example of an engaged and supportive community: AN ENGAGED AND SUPPORTIVE COMMUNITY GREEN RUN COMMUNITY: WITH THE POLICE DEPARTMENT AS THE LEAD, GREEN RUN'S 2014 NATIONAL NIGHT OUT CELEBRATION HAD OVER 1,000 PEOPLE IN ATTENDANCE. MANY OTHER DEPARTMENTS PARTICIPATED INCLUDING FIRE, CODE ENFORCEMENT, LIBRARIES, AND PARKS AND RECREATION Lori Irwin, with the Department of Human Services, advised the Department's role in the Challenge is assist to provide a financially fit family to thrive. She stated, as everyone knows, finances touch every aspect of our lives and define the quality of life we each enjoy. Financial stability impacts a family's ability to create an environment where children can learn and develop into educated and productive Citizens. A financially stable home has a greater opportunity to enjoy a healthier lifestyle and to avoid the stresses that contribute to health concerns: A FINANCIALLY FIT FAMILY IN WHICH TO THRIVE. w', LEADS: DANNETTE SMITH Ec LORI IRWIN December 9, 2014 Education -22- CITY MA NA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) The MayoN's Challenge was the catalyst to bring together conzmunity paYtners to collectively work toward improving the finances of Citizens. The Vision the Mayor established has been embraced by local Churches, financial institutions, non profits and community volunteers, all investing themselves to create opportunities for families in financial stress. By everyone coming together in this way, we see what makes the Ciry so great: COLLABORATION FOR COMMUNITY IMPACT "BankOn Virginia Beach" partners with Citizens to ci-eate a financial plan which establishes life goals, helps them grow their savings and reduce their debt in an effort to see their dreams become realiry. Financial stress is not limited to low income citizens, but we recognize that any family can be subject to a financial crisis that could threaten their security. A great number of our citizens are only one paycheck away from a crisis; last year's sequestration was a great teacher. Likewise, our own City employees have benefitted from BankOn Virginia Beach classes being offered as a lunchtime program. 30% of our participants have come fi^om within our own employee base. Because of the public/private collaboration, BankOn Virginia Beach has been recognized nationally, regionally, statewide and locally as a"Best In Class " program offering maximum impact with minimum taxpayer impact: FINANCIAL STABILITY December 9, 2014 -23- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) Below are the demonstrated improvements of the participants: DEMONSTRATED IMPROVEMENTS 100.0% 90.0% 80.0°6 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0°6 • Pre • Mid '?. Post Improving financial security is not easy; however, it is life changing. More than 40% of the participants earn less than poverty earnings. December 9, 2014 S?GOx? ?Ja?e ?z??5 ??J?O Q?xc 9,?y?s aPQ Oc ? ??c `o S y i d? ec o .? d ?5 c ya ?v w° 0• January 2012 - September 2014 -24- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) Ms. Curtis requested City Council consider the followirag: • FUNDING CAMPAIGN FOR GRADE LEVEL READING • ADOPTING UPCOMING HEALTHY EATING ACTIYE LIVING RESOLUTION • CONTINUING TO SUPPORT COMMUNITY POLICING EFFORTS • PURSUING REGIONAL COLLABORATIYE TO OBTAIN FUNDING FOR FINANCIAL EMPOWERMENT PROGRAMS • ENCOURAGING INCREASED DATA SHARING WITH VBCPS December 9, 2014 -25- CITY MANA GER'S BRIEFING MAYOR'S ACTION CHALLENGE ITEM #64405 (Continued) TO THE MAYOR AND CITY COUNCIL FOR YOUR INVESTMENT IN OUR FAMILIES AND YOUTH Vice Mayor Jones thanked Ms. Curtis and everyone for their hard work. December 9, 2014 -26- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 4:35 P.M. Vice Mayor Jones welcomed Patti Phillips, Director - Finance. Ms. Phillips advised the Finance Department officially closed the Ciry's financial accounting records for Fiscal Year ending June 30, 2014. This presentation will reflect the City Council's goal of creating a financially sustainable Ciry by providing excellent services to provide transparent and understandable financial information: Ms. Phillips introduced Robert G. Bielat, Partner - Cherry Bekaert & Holland. Mr. Bielat expressed his appreciation to City Council and the Finance Department for their assistance. He provided the below Agenda: ? Cherry Bekaert Comments ? FY 2014 Audited Financial Statements ? Entity Wide Statements - GASB 34 = General Fund ? School Operating Fund Water & Sewer Fund ? Storm Water Fund Waste Management Fund TIP Fund ? Debt - June 30, 2014 ? Fiscal Year 2015 - Through November 30, 2014 December 9, 2014 -z7- CITYMANAGER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 (Continued) Mr. Bielat provided the following overview. Table of Contents ? Engagement Summary ? Overall Audit Results ? Auditor's Required Communications with Those Charged with Governance ? Significant Future Accounting and Reporting Changes ?T Cherry.EWecr? " December 9, 2014 -zs- CITYMANAGER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Below the Engagement Summary provides an over-view of duties: Engagement Summary ? You have engaged us to provide the following: • Audit of the City's, School Board's and Economic Development Authority's FY 2014 financial statements • Audit of the City's major federal programs required by OMB Circular A-133 < Audit of the City's compliance with the laws, regulations, grants and other agreements, including the City's compliance with the Auditor of Public Accounts' Specifications forAudits of Counties, Cities and Towns Cherryri.? Below is the overall Audit Results: Overall Audit Results + Our opinion on the 2014 financial statements was unmodified or "clean" opinion ? Internal control deficiencies over financial reporting ? None reported ? Internal control deficiencies and compliance with major federal programs: ? One instance of noncompliance and related internal control deficiency related to majorfederal programs identified in ourtesting of Medicaid Eligibility > Compliance with non-federal grants, agreements, laws and regulations: ? No instances of noncompliance noted in our testing ?;- ChPrcy <:,-a December 9, 2014 -29- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Auditor's Required Communications ?? r Accounting Policies • Adoption of new accounting policies • No significant new accounting policies adopted during 2014 • Change in accounting policies • The application of existing policies was not changed during 2014 ? Management Judgment and Accounting Estimates ! Allowance for poubtful Accounts and Taxes Receivable • Depreciation Expense • Pension Liability • Other Postemployment Benefits Liability • Self-Insurance Claims Liability i Landfill Liability Gherry Mr. Bielat advised they found no audit adjustments, uncorrected misstatements and no disagreements with management: Auditor's Required Communications ? Audit Adjustments and Uncorrected Misstatements • Audit Adjustments: • None ? Uncorrected Misstatements: • None s Disagreements with Management • There were no disagreements with management regarding accounting or auditing issues Cherry ri " December 9, 2014 -30- CITY MANA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Auditor's Required Communications ? Difficulties Encountered in Performing the Audit • We encountered no difficulties in preforming the audit ? Consultation with OtherAccountants • We are not aware of any ? Material Client Communications • Representation letter 1?Independence ? We are not aware of any relationship that we believe, based on current authoritative guidance, would impair our independence ,?-% Cherrygs:'?,anrc.. Below is an overview of future accounting and reportifzg changes. One of the most important to the City is the Amendment to GASB 27, significantly changing the pension accounting for accrual basis financial statements: , Future Accounting ;, ? and Reporting Changes 7" GASB statement effective for 2015: ? GASB Statement No. 68 - Accounting and Financial Reporting for Pensions (amendment of GASB 27) ? Significantly changes pension accounting for accrual basis financial statements • Requires recording of the Net Pension Liability for the first time on the Statement of Net Position • Calculated using the Entry Age actuarial cost method and fair value, not actuarial value, of investments ?'? Cherry +.;ta?r!. . vr-, December 9, 2014 -31- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 (Continued) :-A ?'?y{f?,l} r, Future Accounting and Reporting Changes GASB Exposure Drafts: o Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans • Significantly changes OPEB accounting for accrual basis financial statements • Requires recording of the Net OPEB Liability for the first time on the Statement of Net Position • Anticipated effective for 2017 i,•• Cherry Contact Information Krdsta Ec4ofF Robert BieEat 757.228.7058 757.228.7076 Laura Harden Jessica EngBish 757.228.7065 757.228.7007 i.'* Cherry =?ei;aar,'. Vice Mayor Jones thanked Mr. Bielat, Ms. Phillips and the entire team for their work. December 9, 2014 -32- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 (Continued) Ms. Phillips advised today's presentation is to provide information regarding the items listed below: ? Cherry Bekaert Comments ? FY 2014 Audited Financial Statements ? Entity Wide Statements - GASB 34 General Fund School Operating Fund = Water & Sewer Fund Storm Water Fund « Waste Management Fund = TIP Fund ? Debt - June 30, 2014 ? Fiscal Year 2015 - Through November 30, 2014 The City's total "Net Position" is just over $4.25-Billion: City Schools CDC Total Assets $ 5,286.2 $ 646.8 $ 33.5 $ 5,966.5 Deferred Outflows of Resources 1.3 0.0 0.0 1.3 Liabilities (1,570.1) (114.7) (16.9) (1,701.7) Deferred Inflows of Resources (8.3) 0.0 0.0 (8.3) Net Position: Net Investment in Capital Assets 2,989.9 493.0 10.9 3,493.8 Restricted 550.9 37.8 0.0 588.7 Unrestricted 168.3 1.3 5.7 175.3 Total Net Position $ 3,709.1 $ 532.1 $ 16.6 $ 4,257.8 CAFR Exhibit 1 ,. December 9, 2014 -33- CITY MANA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Below is the previous chart with the addition of the GASB Pension liabilities: City Schools CDC Total Assets $ 5,286.2 $ 646.8 $ 33.5 $ 5,966.5 Deferred Outflows of Resources 1.3 0.0 0.0 1.3 City Liabilities (1,570.1) (114.7) (16.9) (1,701.7) GA5668 Pension Liabilties (498.3) (7619) 0.0 (1,260.2) Deferred Inflows of Resources (8.3) 0.0 0.0 (8.3) Net Position: Net Investment in Capital Assets 2,989.9 493.0 10.9 3,493.8 Restricted 550.9 37.8 0.0 588.7 Unrestricted (330.0) (760.6) 5.7 (1,084.9) Total Net Position $ 3,210.8 $(229.8) $ 16.6 $ 2,997.6 Ciry Council adopted a Policy of maintaining a General Fund Balance of 8-12% of this subsequent year's revenues; and, in line with that policy, the Unassigned General Fund Balance at June 30, 2014, is $96 1- Million, or 9.5% of FY 2015 Revenue. % of BUDGET ACTUAL VARIANCE Budget LOCAL $ 823.3 $ 813.0 $ (10.3) -1.3% STATE 149.3 145.9 (3.4) -2.3 % FEDERAL 17.5 15.4 0.9 5.1% TOTALREVENUES $ 990.1 $ 977.3 $ (12.8) -1.3% CITY $ 682.8 $ 662.0 $ 20.8 3.0% SCHOOLS 356.9 341.4 15.5 2.1% TOTALEXPENDITURES $ 1,039.7 $ 1,003.4 *$ 36.3 3.5% REVENUES OVER (UNDER) $ (49.6) $ (26.1) $ 23.5 FUND BALANCE - JULY 1 188.9 LESS: RESERVATIONS (66.7) UNASSIGNED FUND BAIANCE - JUNE 30 $ 96.1 Fund Balance as a percent of FY 2014 Revenues is 9.5% CAFR Exhibit 5 * Reflects encumbrances of $9.1 mill ion 16 December 9, 2014 -34- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 (Continued) State Revenues are down from FY2013, due to the reduction in State Public Assistance Grants of roughly $3.4-Million: $175 $150 $125 E$100 W ? $75 ¢ $50 $25 $O FY 2008 Below is the history of Unassigned General Fund Balaface: $o?? - -, _j ,?„ -,,-', . I, --? ?. 11 t? - , - - 00% 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 UnasSigneE GF Belence --m%of BUtlqeteE Gf Revenue I CD.____ Poliey = 8-12% of Revenues i A December 9, 2014 FY 2009 FY 2010 FV 2011 FY 2012 FY 2013 FY 2014 E==eBudget ?Actual _ I 1? -35- CITY MANA GER'S BRIEFING ANNUAL AUDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Total Reversion to the City fi•om the School's Operating Fund foN FY2014 was $1 S. S-Million: REVENUES: City Local School's Reserve & Other Funds Commonwealth Federal Government TotalRevenues EXPENDITURES Total Reversion to City * Reflects encumbrances of $6.0 million Bud et Actual Variance $ 384.8 $ 384.8 $ - 2.6 3.3 0.7 14.7 14.6 (0.1) 311.4 311.2 (0.2) 16.6 12.3 (4•3) $ 730.1 $ 726.2 $ (3•9) $ (735•5) $ 716.1 * $ 19.4 $ 15.5 is The Water and Sewer Enterprise Fund Net Change in Position is $24.1-Million: Budget Actual Diff Charges for Services $ 65.6 $ 68.2 $ 2.6 Sale of Water 46.5 45.9 (0.6) Other 5.1 12.8 7.7 Total Revenues $ 117.2 $ 126.9 $ 9.7 Water Services Contract $ 27.0 $ 23.2 $ 3.8 Operating Expenses 60.3 52.9 7.4 Debt Service 22.5 13.7 8.8 Transfers to CIP 13.0 13.0 0.0 Total Expenditures $ 122.8 $ 102.8 $ 20.0 Net Change in Position $ 24.1 zc December 9, 2014 -36- CITY MA NA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Budget Actual Diff Charges for Services $ 37.0 $ 37.0 $ 0.0 Other 0.4 0.4 (0.0) Total Revenues $ 37.4 $ 37.4 $ 0.0 Operating Expenses $ 19.6 $ 15.3 $ 4.3 Debt Service 2.3 2.3 0.0 Transfers to CIP 14.0 14.0 0.0 Total Expenditures $ 35.9 $ 31.6 $ 4.3 Net Change in Position $ 5.8 The Waste Management Special Revenue Fund will become an Enterprise Fund in FY201 S: Budget Actual Diff Charges for Services $ 34.3 $ 312 $ (3.1) SPSA Rebate 8.0 7.8 (0.2) Other 0.1 0.1 0.0 Total Revenues $ 42.4 $ 39.1 $ (3.3) Program Support $ 12 $ 1.1 $ 0.1 Waste Disposal 19.2 18.0 1.2 Waste Collection 11.8 11.4 0.4 Yard Debris/Hazardous Waste 2.1 2.1 0.0 Recycling 5.0 4.8 0.2 Transfers to Water & Sewer 0.4 0.4 0.0 Transfers to General Fund 3.2 3.2 0.0 Totai Expenditures $ 42.9 $ 41.0 $ 1.9 Net Change in Fund Balance $ (1.9) 2s December 9, 2014 -37- CITY MANA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Budget Actual Diff Hotel Room Tax $ 15.5 $ 15.1 $ (0.4) Restaurant Meal Tax 11.2 10.9 (0.3) AmusementTax 5.9 6.0 0.1 Cigarette Tax 0.9 0.8 (0.1) Other 1.5 1.5 (0.0) Total Revenues $ 35.0 $ 34.3 $ (0.7) Debt Service $ 25.0 $ 25.0 $ 0.0 SGA Special Events 3.7 3.5 0.2 Operating Expenses 2.0 1.9 0.1 Transfer to Sandbridge SSD 2.3 2.5 (0.2) Transferto General Fund 2.1 21 0.0 Total Expenditures $ 35.1 $ 35.0 $ O.J. Net Change in Fund Balance $ (0.7) Below is the City's Long Term Debt with specifics regarding funds allocated: Total Debt - $1.287B Schools 25.61% Agriculture r Sewer o?a December 9, 2014 -38- CITY MANA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) - Fund Balance within Policy, lower than 2013 * (9.5% FY14 vs 10.4% FY13) * Reservations for FY15 operating budget include: s Schools - $2.OM ? Risk Management - $1.OM ? FY15 CIP Budget - $25.OM School Reversion - $12.2M ? Departments continue to manage their budgets . Reductions in personnel have operating impacts ? Actual revenues were 1.3% under budget .5 December 9, 2014 -39- CITY MANA GER'S BRIEFING ANNUAL A UDIT/INTERIM FINANCIAL STATEMENT ITEM #64406 (Continued) Annual YTD ud et Actual Variance Revenues Local (83.3% of budget) $ 842.4 $ 280.0 $(562.4) State (14.8% of budget) 149.8 35.3 (114.5) Federal ( 1.9% of budget) 19.1 7.0 (12.1) Total Revenues $1,011.3 $ 322.3 $ 689.0 Expenditures City Operations $ 654.9 $ 302.0 $ 352.9 SchoolOperations 394.3 164.3 230.0 Total Expenditures $1,049.2 $ 466.3 $ 582.9 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards a[ 6/30/14 $ 9.9 City and School Capital Projects 25.0 School's Operating Budget 2.0 Risk Management 1.0 Adjusted Expenditures $1,011.3 Departments are spending below the trend line: 100% so% ACTUAL REVENUES = $322.3M ACTUAL EXPENDITURES = $466.3M is.y%o .d. ? 60% - - - 583%r ° $$.2°la a 49.1 % )K44.4"/o hS.U'Y? _- ? ao45 - - --" 31.9% 41.II°/n p 37.3y 313?I ` 1? 4 - LSA°/a a 20% 20.4% 14.3% it.4h 10.4^k 14.3",' ? 1.3% 3.8? ' II.A? o% Jul Aug Sep Oct Nov Dec Ian Feb Mar Apr May Jun F-RevTrend t%afFYl5Rev6udge[ --+-ExpendtureTrend -%ofFYlSFxpBUdge? 29 December 9, 2014 -40- CITY MA NA GER'S BRIEFING ANNUAL AUDIT/INTERIMFINANCIAL STATEMENT ITEM #64406 (Continued) Vice Mayor Jones thanked Mrs. Phillips and her entire Team for their woYk. December 9, 2014 -41- CITY COUNCIL COMMENTS ITEM #64407 5: 00 P.!Yl. Councilman Moss referenced a letter from the City Manager dated December S, 2014, regarding FY2014-1 S Reduction in State Aid to Localities and advised this will require City Council Action. He has worked with the City Attorney to draft a Resolution and will ask that it be "ADDED " to tonight's Agenda for consideration. Mr. Moss distributed the prepared Resolution. December 9, 2014 -42- CITY COUNCIL COMMENTS (Continued) ITEM #64408 Council Lady Henley advised at the time the Task Force was appointed to review the Elderly and Tax Relief ProgYam, it was anticipated the final presentation would be made to City Council by this meeting; however, after a late start and discovering the issue is rather complicated, the presentation will be given sometime in January. She stated the Task Force is in the process of compiling a tremendous amount of information and they will be providing this to City Council in the upcoming weeks. She referenced a letter from the City Manager last February reminding City Council during the Real Estate Assessment "run-up period" during the 2000's, the Annual Budgets provided increases in income thresholds for qualification in the Elderly and Disabled Tax Relief Program. Those threshold increases corresponded to the average increase in existing Residential Assessments and the Assessor adjusted the income thresholds accordingly. The City Manager asked if Ciry Council wanted to continue the Policy of the automatic adjustment every year, which was 1.93% tlais past year. Council Lady Henley distributed a handout "History of Elderly and Disabled Real Estate Tax Relief Program " that provides a tremendous amount of information for that time period. The grcaph in the middle shows the Assessment changes occurring automatically every year. Unfortunately, the Policy did not anticipate Assessment declines and no corrective action was taken to reduce the thresholds. The question of what if the amounts were corrected for the decline has been raised and the Churt at the very bottom of the handout provides the answer. Ms. Whitesell advised there are three (3) Programs that apply: "TE" - Tax Exempt; "TF" - Tax Free; and "TD " - Tax Deferral. Council Lady Henley advised this is just one piece of the data that has been generated and she feels this was important to bring to City Council as a"snapshot report" that captures a lot of data. Ms. Whitesell advised the Task Force requested the City post a survey Citizens to comment using the Virtual Town Hall which will begin this week. Councilman Moss requested the data be normalized, such as showing a constant dollar so we could compare and make sure we are comparing "apples to apples ". He also requested sonze type of income distribution. Ms. Whitesell advised the figures are the actual threshholds City Council adopted for each of the years but will normalize the figures through a CPI type index. December 9, 2014 -43- CITY COUNCIL COMMENTS (Continued) ITEM #64409 Council Lady Ross-Hammond advised the Public Library Board met last week at the Joint Library and she is happy to report the facility is being used far beyond expectations. December 9, 2014 -44- CITY COUNCIL COMMENTS (Continued) ITEM #64410 Council Lady Ross-Hammond expressed her appreciation to the City for the success of the recent Town Hall Meeting. She offered congratulations to Councilman Dyer and Deputy City Manager poug Smith for the work they have done on this project. December 9, 2014 -45- CITY CDUNCIL COMMENTS (Continued) ITEM #64411 Councilman Martin advised this is his last meeting and he is humbled to have been appointed by City Council in January. He stated it has truly been the honor of his young life to serve with each Member of City Council, City Staff and the Citizens of Virginia Beach. December 9, 2014 -46- AGENDA REVIEW SESSION 5:10 P.M. ITEM #64412 BY CONSENSUS, the following shall compose the C0A'SENT AGENDA: H. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. §§17-2 and 17-3 re Call Meetings c f the Library Board b. §§ 23-50 and 33-13 and ADD § 33-114. S re Sound Walls, side lot fences and improvements on City property 2. Ordinances to AMEND §2-83.3 of the City Code re remittance to the City ofpaid Jury Duty to ESTABLISHAdministrative Policy Resolution to AUTHORIZEArena development 4. Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City Manager to CONVEYsame to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia (deferred November 18, 2014) (Recommend: Defer Indefinitely) 5. Resolution to AUTHORIZE the Ciry Manager to EXECUTE a Sub-Recipient Agreement re the Solar Market Pathways project i 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $231,533 from the Virginia Technology Trust Fund re Circuit Court Software Maintenance and Case Management Software b. $67, 982 from the Reserve for Contingencies for the Oceanfront Outreach Initiative re Homeless assistance c. $112,500 from the Police Federal/State Seized Assets Special Revenue Fund re Police training and equipment COUNCILMANMOSS WILL VOTE VERBAL NAYONITEM#2 ITEM #3 WILL BE CONSIDERED SEPARATELY ITEM #S WILL BE CONSIDERED SEPARATELY CO UNCILMAN MOSS WILL ABSTAIN ON ITEM #S ITEM #S SHALL BE CONSIDERED SEPARATEL Y ITEM # 6b SHALL BE CONSIDERED SEPARATELY December 9, 2014 -47- AGENDA REVIEW SESSION ITEM #64412(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. PLANNING Application of EXTRA SPACE STORAGE and GWEN MCNEAL for a Modi acation to Condition No. 3 of a Conditional Use Permit for Self-Storage (Modified June 11, 2002, February 8, 2005, and July 6, 2010) re signs at 1545 General Booth Boulevard DISTRICT 6 - BEACH 2. Application of RAVE SOCCER COMPLEX, LLCfor a Modi ication of Conditions No. 7 and 8 of a Conditional Use Permit (Modified August S, 2005, September 8, 2009, and September 14, 2010) re post facto approval of additions at 2949 Shipps Corner Road DISTRICT 3 ROSE HALL 3. Application of THOMAS C. and LISA D. MCKEE for a request closure of a portion of the public right-of-way known as Circle Lane DISTRICT 6- BEACH 4. Application of MARK JANIK and SUSAN HEILIGfor a Change in Non-Con orming Use re exterior painting and interior renovation of a garage apartment at 1604 Baltic Avenue DISTRICT 6 - BEACH 5. Application of 7-ELEVEN/HOG POST, LLC for a Conditional Use Permit re fuel sales and a convenience store at 1658 Virginia Beach Boulevard DISTRICT 6- BEACH 6 Application ofMIKE O'CONNOR TOWERCO./WILDWOOD PARK, LLCfor a Conditional Use Permit re a communications tower at 925 South Military Highway DISTRICT 2 - KEMPSVILLE Application of JERAMY BIGGIE/CHESAPEAKE BEACH VOL UNTEER FIRE AND RESCUE DEPT., INC for a Conditional Use Permit re a Craft Brewery at 2444 Pleasure House Road DISTRICT 4- BAYSIDE 8. Application of FUN SPOTAMUSEMENT, LLC, LILL YINCORPORA TED OF VIRGINIA, INCfor a Conditional Use Permit re a commercial parking lot at 304, 306, 308 22"d Street DISTRICT 6- BEACH 9. Application ofKWP, IBC, LLCfor a Conditional Use Permit re a Yeterinary Clinic at 404 Investors Place DISTRICT 3- ROSE HALL 10. Application ofDAVID C. and JZIDITHL. MARTINfor a Chanze o ZoninQ from AG-2 Agricultural to Conditional B-2 Community Business District re a Child Day Care Center on Upton Drive DISTRICT 7- PRINCESS ANNE ITEM #1 IS ON CONSENT FOR DENIAL ITEM #2 WILL BE CONSIDERED SEPARATELY COUNCIL LAD Y HENLE Y WILL VOTE VERBAL NAYONITEM#S December 9, 2014 -48- ITEM#64413 Vice Mayor Louis R. Jones entertained a motion to permit Ciry Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public fisnds, 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)(29) Town Center - Phase VI PERSONNEL MATTERS: Discussion, consideration of, oY interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officer^s, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees December 9, 2014 -49- ITEM#64413 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:20 P.M. Voting.• 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. (Closed Session 5:20 P.M. - S: SO P.M.) December 9, 2014 -50- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 9, 2014 6: 00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 9, 2014, at 6: 00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. (out of City on Family Yacation) INVOCATION: Reverend Edward S. Martin, Jr., Pastor Francis Ashbury United Methodist Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officeY 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 Ciry Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. December 9, 2014 -51- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial CorpoNation ("Fulton Financial ) purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry Council. Vice Mayor Jones regulaYly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realry ("Prudential ). Because of the nature of Real F,state Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential 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 hereby made a part of the record. December 9, 2014 -52- Item -VI-E CERTIFICATION ITEM #64414 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 City Council. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 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 #64413 Page 49, 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. th Hodges Fraser, MMC i City Clerk December 9, 2014 -53- Item -VI-F.1 MINUTES ITEM #6441 S Upon motion by Council Lady Ross-Hammond, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 2, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. December 9, 2014 -54- ADOPTAGENDA FOR FORMAL SESSION ITEM #64416 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 9, 2014 -55- ADD ON ITEM #64417 Upon motion by Councilman Moss, seconded by Councilman Wood, City Council APPROVED the request to ADD to the Consent Agenda: Resolution to select and certify specific State Revenue for reduction in State Aid to localities Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -56- ADD ON ITEM #644I8 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the request to ADD to the Consent Agenda: Resolution in recognition of the service of Brad Martin as a member of City Council and declaring December 17`h Brad Martin Day Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -57- Item -VI-H ORDINANCES/RESOL UTIONS ITEM #64419 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items la1b, 2(MOSS VERBAL NAY), 4(DEFERRED INDEFINATELY), and the two (2) ADD-ONs, of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -58- Item -VI-H.la ORDINANCES/RESOL UTIONS ITEM #64420 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. §§17-2 and 17-3 re Call Meetings of the Library Board Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 AN ORDINANCE TO AMEND SECTIONS 17-2 2 AND 17-3 PERTAINING TO THE DIRECTOR 3 OF PUBLIC LIBRARIES AND THE PUBLIC 4 LIBRARY BOARD 5 6 SECTIONS AMENDED: §§ 17-2 and 17-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 17-2 and 17-3 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 Sec. 17-2. Department and director of public libraries. 14 (a) There is hereby created a department of public libraries, which shall consist of the 15 director of public libraries, and 16 such other employees as shall be prescribed by the council or by the orders of the 17 city manager or director of public libraries consistent therewith. 18 (b) The director of public libraries shall be a librarian certified by the state board for the 19 certification of librarians and shall have all the duties and responsibilities of a 20 department head as prescribed in section 7.03 of the Charter. 21 (c) The department of public libraries shall be responsible for the operation and 22 maintenance of the public libraries within the city, for the formulation and 23 administration of the rules and regulations pertaining to the use of the libraries 24 within the city and for such other powers and duties as may be assigned by the 25 council. 26 Sec. 17-3. Public library board. 27 (a) There is hereby created a public library board, which shall consist of not less than 28 seven (7) nor more than thirteen (13) members. The members of the board shall be 29 appointed by the council for terms of three (3) years; provided, however, that the 30 initial appointments shall be made for such lesser terms as will provide staggered 31 expirations thereof. Two (2) members shall be high school juniors, whose terms 32 shall be for two (2) years, and one (1) member shall be an employee of the school 33 division's department of technology. The board shall select from its membership a 34 chairman and vice-chairman. 35 (b) The public library board shall meet not less frequently than once every quarter 36 (three (3) months) and additionally, at the call of the chairman or the director of 37 public libraries. The board shall be responsible for making recommendations to the 38 council on all phases of library planning, policy and management. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of December , 2014. APPROVED AS TO CONTENT: ? ? _-----? Department of Public Libraries APPROVED AS TO LEGAL SUFFICIENCY: ? City Attorney's Office CA13171 R-1 November 21, 2014 -59- Item -VI-H.Ib ORDINANCES/RESOL UTIONS ITEM #64421 Upon motion by Councilman Dyer, seconded by Cauncilman Uhrin, Ciry Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. §§ 23-50 and 33-13 and ADD § 33-114.5 re Sound Walls, side lot fences and improvements on City property Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 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 TO AMEND SECTIONS 23-50 AND 33-13 OF THE CITY CODE AND ADD SECTION 33-114.5 TO THE CITY CODE REGARDING SOUND WALLS AND CERTAIN TYPES OF IMPROVEMENTS UPON CITY PROPERTY SECTIONS AMENDED: §§ 23-50 AND 33-13 SECTION ADDED: § 33-114.5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 23-50 and 33-13 of the City Code are hereby amended and reordained and Section 33-114.5 is hereby added to read as follows: Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds or grass. (a) Except as provided in subsection (e) hereof, upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists upon any land or premises within the city, including the area between such land or premises and the nearer of (i) the curb line,, including a sidewalk if one is present, or (ii) a sound wall, any trash, garbage, refuse, litter or similar substances, except as may be placed thereon for purposes of collection in accordance with chapter 31 of this Code, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar substances to be removed from such land or premises within seven (7) days from the date of such notice. For purposes of this section, "sound wall" means a wall or other noise attenuation structure installed as part of a citv, state, or federally funded road proiect. (b) Except as provided in subsections (e) and (f) hereof, upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists on any land or premises within the city, including the area between such land or premises and the nearer of (i) the curb line1 includinq a sidewalk if one is present, or (ii) a sound wall, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar 47 vegetation to be cut and removed from such land or premises within seven (7) 48 days from the date of such notice. 49 50 .... 51 52 Sec. 33-13. Duty of property owners and occupants to keep abutting streets and 53 sidewalks free of litter. 54 55 All owners or occupants of real property shall maintain the sidewalks and curbs 56 and the right-of-way up to the edge of the pavement of any public street abutting such 57 property and one-half of abutting alleys in a clean and litter-free condition. All owners or 58 occupants of real Property adiacent to a sound wall or similar noise attenuation structure 59 shall maintain the area befinreen the Property line and the sound wall or similar noise 60 attenuation structure in a clean and litter-free condition. 61 62 .... 63 64 Sec. 33-114.5. Improvements not Considered Encroachments. 65 66 The followinq improvements upon citv-owned Property are not considered 67 encroachments provided such improvements are otherwise properlv permitted and do 68 not present a safetv risk: (i) drivewav aprons; (ii) private sidewalks that connect to public 69 sidewalks• (iii) extension of private underqround storm water facilities that connect to 70 public svstems provided such connections remain within the property's extended side 71 lot lines• and (iv) fences alonq extended side lot lines befinreen privatelv owned real 72 Property and a sound wall or similar noise attenuation structure. Nothinp herein shall be 73 construed to provide permission for the construction or maintenance of anv 74 improvement upon City Property that presents a danqer to the public health, safetv, or 75 welfare. 76 9th Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of December , 2014. APPROVED AS TO CONTENT: 111?t - Public W rks APPROVED AS TO CONTENT: i - Housin a d eighborhood Preservation APPROU?D AS TO LEGAL SUFFICIENCY: a orn' y's Office CA13013 / R-4 / November 20, 2014 -60- Item -VI-H.2 ORDINANCES/RESOL UTIONS ITEM #64422 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinances to AMEND §2-83.3 of the Citv Code re remittance to the City of paid Jury Duty to ESTABLISHAdministrative Policy Yoting.• 9-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: John D. Moss Council Members Absent.• Mayor William D. Sessoms, Jr. December 9, 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 AN ORDINANCE TO AMEND SECTION 2-83.3 OF THE CITY CODE PERTAINING TO JURY LEAVE SECTION AMENDED: § 2-83.3 WHEREAS, in many instances, the staff costs associated with processing jury payments exceeds the amount of such payment; and WHEREAS, the City staff recommends moving the topic of jury payments to Human Resources Policy 3.02, "Absence for Court Attendance Policy." NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-83.3 of the City Code is hereby amended and reordained, to read as follows: Sec#ion 2-83.3. Jury Leave. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of December 2014. , All full-time merit employees of the city shall be eligible to receive paid jury leave when summoned to serve as jurors. The conditions upon which the citv requires payment received by such emplovees for iurv service will be provided in an administrative policy promulqated bv the citv manaqer or desiqnee. e^., f°°° r°^°;.,°d hy UGh omnes fGr S°R. -nV?F.e--aSjui vrashinll ho r»ii-1 to the Goty OF an equal arneun s",?ll ?„-be aed-'a'Gted-#FeM?t#e eFnpley °'y. 9th APPROVED AS TO CONTENT: Department of Finance APPROVED AS TO CONTENT: r D?partment of Human Resources APPROVED AS TO LEGAL SUFFICIENCY: . ? i A or y's Office CA-13154 R-1 October 29, 2014 ORIGINA.L PROPOSAL Policy Number: 3.02 Date of Adoption: April 15, 1986 City of Virginia Beach Date of Prior Revision. Alovorr+hnr 1-7-, 2884Deeember 1, ABSENCE FOR COURT ATTENDANCE 2014 POLICY Date of Current Revision: November 17, 2004fiG#obeF 3; 2m Page 1 of 5 1.0 PURPOSE: To establish uniform guidelines throughout the City regarding employees absences from work to serve as jurors and to attend court proceedings. 2.0 DEFINITIONS: 2.1 COURT LEAVE: Mandatory paid leave for an employee's absence from work when attending court or a deposition as a witness in response to a subpoena. 2.2 CRIME VICTIM LEAVE: Mandatory leave for an employee to attend criminal proceedings when the employee is a victim of crime. 2.3 CRIMINAL OFFENSE: As used in reference to crime victim leave, shall mean the commission of a felony or assault and battery, stalking, sexual battery, attempted sexual battery, maiming or driving while intoxicated. 2.4 CRIMINAL PROCEEDINGS: As used in reference to crime victim leave, shall mean a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including 1) the initial court appearance of the person suspected of committing the criminal offense, 2) any proceeding regarding post-arrest release of the person suspected of committing the offense, 3) any proceeding in which a negotiated plea will be presented to the court, 4) any sentencing proceeding, 5) any proceeding in which post-conviction release from confinement is considered, 6) any probation revocation proceeding, 7) any proceeding in which a court is requested to terminate probation, or 8) any proceeding in which the court is requested to modify the terms of probation if the modification will substantially affect the person's contact with or safety of the victim or involves modification of restitution or incarceration status 2.5 JURY LEAVE: Mandatory paid leave for an employee who is summoned to serve on jury duty. Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: Decembet• 1. 201-44',,,.ew 4„T. 7200" Date of Current Revision: _Nownrber 17, 2004r'?•*4,ef- 3, '008 Page 2 of 6 2.6 VICTIM: As used in reference to crime victim leave, shall mean (1) a person who has suffered physical, psychological or economic harm as a direct result of a criminal offense as defined herein; (2) a spouse or parent of such a person; (3) a parent or legal guardian of such a person who is a minor; or (4) a spouse, parent, sibling or legal guardian of such a person who is physically or mentally incapacitated or was the victim of a homicide; and for the sentence procedure only (5) a person who is a current or former foster parent or other person who has or has had physical custody of such a person who is a minor, for six months or more or for the majority of the minor's life. 2.7 UNDUE HARDSHIP: A significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee. Pursuant to state code, this definition applies only to crime victim leave. Refer to'section 5.5 of this policy. 3.0 APPLICABILITY: This policy applies to all full-time and part-time employees as defined by the Code of the Citv of Virqinia Beach. This policy also applies to employees of constitutional offices, if the City's policies have been adopted by written consent of the appropriate elected official. 4.0 POLICY STATEMENT: 4.1 The City shall allow employees who are victims of criminal offenses, subpoenaed as a witness, or summoned for jury duty, as those terms are defined herein, leave from work to attend court or criminal proceedings. 4.2 Refer to Overtime Policv, No. 2.02 for guidance on whether leave used under this policy should be included in the computation of overtime compensation. 5.0 CRIME VICTIM LEAVE PROCEDURE: Policy Number: 3.02 Date ofAdoption: April IS, 1986 Date of Prior Revision: Decemher 1, 2014?I Ot???7, 200 a Date of Current Revision: Norernber 17 20L)40ct-???- ?, ? Page 3 of 6 5.1 Crime Victims Who Have Not Received a Subpoena for Attendance in Court A. Employees who (1) are victims of crime and have not been subpoenaed, but wish to attend a criminal proceeding as defined in Section 2.4, and (2) are requesting crime victim leave shall submit a leave slip noting in the remarks section the leave is for "crime victim leave". Employees may choose to designate the leave type as follows: Leave without pay or personal flex holiday when used in full day increments only. ii. Annual leave or compensatory leave, in any increments permitted by payroll practices and as prescribed by Annual and Personal Leave Policv, No. 3.01 and Overtime Policv, No. 2.02. B. Employees requesting crime victim leave shall attach to the leave slip a copy of the standardized form' provided to the employee by the law-enforcement agency listing the specific rights afforded to crime victims and, if applicable, a copy of the notice of each scheduled criminal proceeding that is provided to the employee as a victim. C. Exceptions Crime victim leave may be limited if the employee's leave creates an undue hardship to the City. The Director of Human Resources, or designee, shall have the sole authority to limit crime victim leave. If a department believes that the employee's leave creates an undue hardship, the department director shall forward a written request to limit the leave to the Director of Human Resources and shall include all relevant information to support the request. D. The City shall not refuse to hire or employ, bar or discharge from employment or discriminate against an individual in compensation or terms, conditions, or privileges of employment because the individual requires leave to attend a criminal proceeding in which the individual was the victim of a criminal offense. 5.2 Victims of Crime Who Receive a Subpoena for Attendance in Court Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: L)ecenzber 1, 2014-'HileHibef-17, 2004 Date of Current Revision: h`overrzbet• 17, 2004 e_ , Page 4 of 6 Employees who are victims of crime and who are subpoenaed to appear as a witness at a hearing or trial related to fihe crime against them shall utilize court leave for absences while under subpoena as prescribed in Section 6.0. 6.0 COURT LEAVE PROCEDURE: 6.1 An employee who has received an official summons or subpoena to appear in court as a witness shall attach a copy of the summons or subpoena to the leave slip requesting court leave, and submit the documents to his/her department Director, or designee, prior to the beginning date of such service:' 6.2 The City shall not compensate employees for hours they are required to remain in court in excess of an employee's normal working hours. 6.3 When employees elect to use court leave and their presence is required for four (4) hours or less, employees" are required to contact their department to determine if they need to return to work. Employees who fail to contact their department and/or fail to return to work, may be designated as absent without leave (AWOL) for the remaining work period and may be subject to disciplinary action. 6.4 Exceptions A. Employees appearing in court either as a plaintiff or defendant shall not be eligible to utilize court leave for such absences. Employees appearing in court as either a plaintiff or defendant may choose to utilize annual leave or compensatory leave, or may elect to utilize leave without pay, but only in full day increments. B. Employees who appear in court as witnesses on behalf of the City of Virginia Beach as part of their job duties shall not be required to use court leave. C. Employees serving as expert witnesses unrelated to their City employment who receive compensation for their testimony shall be required to reimburse the City for any fees received from an outside agency unless the employee elects to use annual leave or compensatory time in lieu of court leave. Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: Z)ecerribet• 1, 2014A4 ????mh-?004 Date of Current Revision: _Nowrnber 17, ?0040???, ° Page 5 of 6 6.5 If there is any question regarding an employee's eligibility for court leave, contact the Human Resources Department, Employee Relations Division for clarification. 7.0 JURY LEAVE PROCEDURE: 7.1 Employees who have been officially summoned to serve on jury duty shall attach a copy of the summons to the leave slip requesting jury leave and submit the leave slip to their Department Director, or designee, prior to the first date of such service. 7.2 For iury duty lastinq (5) five work davs or less emplovees shall be permitted to retain Fm^l^yoos w"^ r°G°;v° compensation from the Courts WRI„ess t#e emplsyee e1eetswithoufi t-a usinc,e annual leave or compensatory leave in lieu of jury leave. For iury duty exceedinq (5) five work davs employees who receive compensatian from the Courts shall be required ta reimburse the Gity for such compensation unless the employee elected to use annual leave ar campensatorv leave in lieu of iurv leave. 7.3 The City shall not compensate employees for hours they are required to remain in court in excess of an employee's normal working hours. 7.4 When employees elect to use jury leave, and their presence is required for four (4) hours or less, employees are required to contact their department to determine if they need to return to work. Employees who fail to contact their department and/or fail to return to work, may be designated as absent without leave (AWOL) for the remaining work period and may be subject to disciplinary action. 7.5 Employees who are summoned and appear for jury for four (4) hours or more, including travel time, in one day shall not be required to begin any work shift that begins on or after 5:00 p.m. on the day of service or that begins before 3:00 a.m. on the following day. 7.6 The City shall not discharge, take any adverse employment action against, or require the use of sick leave or vacation leave because employees need to be absent from work due to jury duty. Policy Number: 3.02 Date ofAdoption: April 15, 1986 Date of Prior Revision: L7ecember 1. 2014"'eive?• be•• 17, 2001 Date of Current Revision: _Nnvember 17, 20040epebei- 3,-2 Page 6 of 6 8.0 REVISION: The City Manager, or designee, may revise this policy, or any portion thereof, at any time. -61- Item -VI-H.3 ORDINANCES/RESOL UTIONS ITEM #64423 The following individuals registered to speak: Barbara Messner, P.O. Box 514, stated she was disappointed that the Mayor in not in attendance. She advised she requested a"Conflict of Interest" ruling by City Attorney's Mark Stiles and Rod Ingram for seven (7) City Council Members, including Mayor Sessoms. She feels that anyone that has a personal or business conflict should not discuss or Yote on anything relating to the Arena. The proposed project requires a"Super Majority 9-2 Vote" as per Councilman Uhrin's statement on November 19`h . She stated Council Lady Wilson is principle owner of Dixson Hughes Goodman, CPA Firm. Ms. Messner requested the ruling from City Attorney Stiles. Petey Browder, 1204 Shawn Drive, Phone: 773-6732, repYesenting the Tidewaters Libertarian Party, advised she spoke last week but returned tonight to repeat her statement for the convenience of those Council Members that were distracted when Mayor Sessoms got up and delivered a message to Councilman Moss. Nonetheless, she expressed appYeciation to have an opportunity to repeat her comments. She advised the average ticket price for a professional basketball game is $45 and she does not understand who will be attending these events when 41 % of Virginia Beach families are currently eligible for free or reduced lunches. Per the Arena in Lincoln, Nebraska, ticket prices start at $78. A family of four (4) will spend approximately $350 to attend just one (1) event. She feels the Citizens should not pay for something they will never be able to afford to attend. She stated the "devil is in the details" and feels USM has everything to gain and nothing to lose. The taxpayers are basically the "co- signers " and have everything to lose. Entertainment is not a function of government. Stephen Johnston, 2316 Enchanted Forest Lane, Phone 468-1474, expressed concern for the existing "entertainment industry" in Hampton Roads should the Arena be built. He advised the economy in Hampton Roads is `flat" as we continue to lose quality, middle income jobs and replacing them with lower income retail and service jobs that do not pay enough to support a family. Currently, Virginia Beach and Portsmouth are in the top ten cities with the highest number of home foreclosures. The area is facing another round of Sequestration and possibly loosing carriers to the West Coast. Mr. Johnston is concerned, as disposable income continues to fall, will the Arena siphon money from the current entertainment companies in the area such as movie theaters. One of the biggest selling points for the Arena is "no tax dollars spent for operation" and that is simply not true. The Arena been given exception to BPOL Tax and requests the City Council extend the same to the other existing businesses. Kenny Golden, 3425 Montgomery Place, Phone: 581-7499, asks City Council to vote against the Resolution. Mr. Golden likes the idea of an Arena but unlike other Cities such as Boston, Pittsburgh and Jacksonville, Virginia Beach does not have the infrastr•ucture needed to support this type of facility. The three Cities mentioned have five (5) to seven (7) majoY bridges crossing major rivers bringing the residents from neighboring areas to the Arena. Hampton Roads does not have this luxury and the current infrastructure cannot support the 1.5-Million people in the area necessary to support the Arena. In addition to the concerns he stated last week, the tremendous amount of debt the City is facing is a major factor for City Council to put this project on hold and revisit when we have a solution to the transportation issue. George Minns, 236 Shipps Lane, Phone: 575-8109, representing the Seatack Community Civic Organization, advised this organization is older than rnost organizations in the City, (at the age of 106). The Seatack Community dates back some 300 years but Virginia Beach was built in 1906. Mr. Minns feels a buffer should be in place between residential and industry. The Community feels the traffic impact each June during the Schools' graduation ceremonies. The Communiry feels the Oceanfront cannot handle an Arena. If the City wants to purse an Arena, then find an alternate location, such as the area surrounding the Amphitheater. The Community feels the right time is not now and, as it sits today, the Oceanfront is depended on too much. City Council Mernbers are elected to protect the entire City and Mr. December 9, 2014 -62- Item -VI-H.3 ORDINANCES/RESOL UTIONS ITEM #64423 (Continued) Minns advise the Seatack Community is "sick and tired of being sick and tired ". He feels the Arena is premature as the Consultant's Report is based on "guessology ". The City should be honest with the Citizens and the Citizens say "Arena yes; Now-No ". Andrew Jackson, 153 Upperville Road, Phone.• 498-9190, representing the African American Leadership Forum, advised he follows projects in City. He knows where the SGAs are located and serves as a Consultant to the Seatack Community . The Citizens residing in Seatack seem to not have a voice. The City should consider the impact of an Arena and the impact on people. It took the community over 25 years of fighting with the City to get a Recreation Center. Mr. Jackson feels the Ciry has some real problems to acknowledge and fix before moving forward with such a huge project. He stated the City should not call itself "great" until everyone in the City is "great". He feels the Arena will create traffic problems and bring the entire area to a gridlock. December 9, 2014 -63- Item -VI-H.3 ORDINANCES/RESOL UTIONS ITEM #64423 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Resolution to AUTHORIZE Arena development Voting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Councilman Uhrin disclosed he is an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue. Burlage Management Corporation owns hotels in the Resort Area and he is a member of Resort Area Hoteliers and all members of this profession may be affected by the transaction. Council Lady Wilson disclosed she is a real estate agent affiliated with Prudential Towne Reality. The development could affect nearby property and impact the marketability and value of such properties, which could potentially impact real estate service providers, including Prudential Towne Realty. Also, Council Lady Wilson disclosed she has a personal interest in Dixon Hughes Goodman as she receives retirement income from the firm as a result of her late husband's employrrient by the corripany. Council Lady Wilson has no role in the management of the company and is not privy to its client list. Councilman Wood disclosed he has ownership interest in 6031605 22nd Street, L.L.C. and 6091607 22"d Street L.C., all within three (3) blocks of the proposed Arena site. The development could impact the value of real estate in the vicinity of the area. DecembeY 9, 2014 1 RESOLUTION APPROVING A NON-BINDING 2 TERM SHEET FOR THE DEVELOPMENT OF 3 AN ARENA AND AUTHORIZING THE 4 DEVELOPMENT OF DEFINITIVE PROJECT 5 DOCUMENTS 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 8 and City staff have engaged in extensive negotiations with representatives of United 9 States Management, LLC, and its affiliates (collectively "USM"), regarding the 10 development of an arena on City-owned land adjacent to the Virginia Beach Convention 11 Center (the "Arena"); 12 13 WHEREAS, USM has worked with the City Manager and City staff to develop a 14 non-binding term sheet dated November 25, 2014 (the "Arena Term Sheet"), which 15 outlines a comprehensive development plan for the construction, financing and 16 operation of the Arena; 17 18 WHEREAS, the Arena Term Sheet is attached to this Resolution as Exhibit A, 19 and was provided to City Council and the public on November 26, 2014; 20 21 WHEREAS, the City Council finds that the development of the Arena will 22 stimulate the City's economy, increase public revenues, enhance public amenities and 23 further the City's development objectives; and 24 25 WHEREAS, the City Council desires to approve the Arena Term Sheet and 26 directs the City Manager and the City Attorney to develop the final documents 27 necessary and appropriate to set forth the detailed terms and conditions of the 28 transaction contemplated by the Arena Term Sheet. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Council approves the non-binding Arena Term Sheet dated 34 November 25, 2014 (the "Arena Term Sheet") between the City of Virginia Beach and 35 United States Management, LLC, attached to this Resolution as Exhibit A and made a 36 part hereof, subject only to technical modification that may be acceptable to the City 37 Manager and in a form deemed satisfactory by the City Attorney. 38 39 2. That the City Manager and the City Attorney are hereby authorized and 40 directed to proceed with the development of supplemental project documents necessary 41 and appropriate to implement the transactions substantially as outlined in the Arena 42 Term Sheet. 43 3. The City Manager is directed to present the proposed final project 44 documents to City Council for approval and for authorization to execute said documents 45 on behalf of the City of Virginia Beach. 46 47 DeAdm?te d by the Council of the City of Virginia Beach, Virginia, on the 9th day 48 of , 2014. APPROVED AS TO CONTENT: Economic Development APPROVED AS TO LEGAL SUFFICIENC Y:? , City Attorney CA13189 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D025\P014\00039675.DOC 11 /26/14 R-1 EXHIBIT A 11/25/14 Arena Term Sheet The City of Virginia Beach (the "City") has solicited proposals under the Virginia Public- Private Education Facilities and Infrastructure Act (the "PPEA") for the development of a sports and entertainment arena near the Virginia Beach Convention Center (the "Project"). That process resulted in the Virginia Beach City Council electing to attempt to develop an acceptable framework of a transaction with United States Management, LLC (the "Developer"). After a period of negotiation, the parties have reached the following non-binding terms to serve as the basis for continuing negotiations for potential definitive agreements for the development and operation of the Project: 1. PROJECT AREA: A. The project area consists of approximately 40 acres owned by the City and is shown on attached Exhibit A(the "Project Area"). The Arena will be constructed on approximately five (5) acres of property within the Project Area (the "Property"). B. City to lease Property to Developer for forty (40) years (the "Lease"). The Lease will include provisions granting rights to the Developer to use the Plaza, defined below, and specified parking areas for Arena events far the term of the Lease. The definitive documents will address issues related to parking and site ingress and egress. Prior to vote on Lease, requirements of § 15.2-2100 of the Code of Virginia are to be met. 2. PROJECT DESCRIPTION: A. Developer has prepared conceptual plans for the development of a 16,500 seat capacity (with minimum permanent seating of 15,000, including loge boxes and retractable seating) Entertainment and Sports Arena (approximately 500,000 Sq. Ft. total) (the "Arena"). The exact location and orientation of the Arena within the Project Area to be agreed on by the parties. B. The Property will be leased by the City to the Developer who will construct the Arena at Developer's cost. C. The Arena will have the elevations and features, including initial furniture, fixtures and equipment capable of supporting all events identified in Developer's pro forma as set forth on Exhibit B, attached. Included on Exhibit B are several optional elements of the Arena (including an ice-floor). Prior to execution of the definitive documents (which will include documents addressing booking and parking coordination), the parties will agree on which optional elements will be included in the final plans and whether the costs of those elements will be borne by the City or Developer (or shared). D. The Arena will be of a quality comparable to the Pinnacle Bank Arena in Lincoln, Nebraska including level of finish. E. Developer to be responsible for operations, programming and upkeep of Arena in accordance with comparable commercial industry standards to be specified in the definitive documentation. 1 F. A comprehensive parking plan will be agreed upon by City and Developer in the definitive documents (which will include offsite resources as necessary to meet demand of large events and parking in the Project Area for box office and Arena staff). City to set rates and collect revenue for parking in Parking Area (defined below) in City's discretion for non-arena events. If Developer elects to add a fee or other surcharge to its ticket prices, such fee or surcharge will not be identified as a municipal tax, charge or fee. G. Arena to be designed for possible expansion/upgrade for use by an NHL or NBA team. H. City and Developer to coordinate events at Arena and Virginia Beach Convention Center (VBCC) to manage parking demands and maximize return to both facilities and ensuring to the extent possible that significant events at the Arena will be given priority. Prior to execution of final documents, parties to negotiate a booking policy/coordination agreement to ensure constructive interaction between Arena and VBCC and provide for ability of City to book 10 City-sponsored events (not to exceed a total of 10 event days) at the Arena per year with City paying actual cost of such events including Event Day Services, defined below. Parties to form an "Operating Committee" to address such issues on an on-going basis. City and Developer to coordinate event services, including traffic and parking, to manage demands on local area resources on an ongoing basis as requirements and resources change over time. 1. Anticipated construction cost of Arena (including soft and hard costs) is $200,000,000. J. Developer to control sponsorship and naming rights and retain all revenue generated by the sale of those rights at the Arena. Developer agrees to include the name "Virginia Beach" in the name of the Arena subject to the approval of the naming sponsor, and to use commercially reasonable efforts to include "Virginia Beach" in their promotional efforts. 3. CITY PARTICIPATION: A. Commit to design and construction of off-site improvements as identified as the "Total Infrastructure Costs" (without optional costs) on the memorandum (the "Site Improvements Memorandum") from Kimley-Horn and Associates to Barry Frankenfield dated October 6, 2014 and attached hereto as Exhibit C. The elements comprising the Total Infrastructure Costs are referred to herein as the "Site Improvements" and include: 1) Additional parking spaces necessary to create a minimum of 2,700 City-owned parking spaces in the Project Area and within 2500 feet of the Arena on surrounding City-owned property (as shown on Exhibit D as the "Parking Area"). 2) Stormwater, sewer and utility facilities sufficient to serve the Arena and the associated Site Improvements. 3) Enhancements to traffic and road inventory necessary to support the Arena as shown on the Site Improvements Memorandum or as otherwise mutually agreed on by the parties. 2 4) To the extent not already in the Site Improvement Study, wayfinding and road and parking signage necessary to support the Arena. 5) Public plaza adjacent to the Arena in accordance with mutually approved plans (the "Plaza"), the elements of which are generally described in the Site Improvement Study. 6) City to expedite all approvals for Arena and Site Improvements to extent possible. B. Establishment of an Arena Financing Fund as authorized by § 15.2-5925 of the Code of Virginia (the "Fund"). C. Annual appropriation of (i) all, real estate, personal property tax, business license tax, admission, and meals taxes generated in the Arena and (ii) an amount equal to the revenues generated by a one percent (1%) transient occupancy ("hotel") tax on such transactions City-wide. City to begin appropriating hotel taxes to the Fund the earlier of (i) the receipt by the Developer of a certificate of occupancy for the Arena or (ii) July 1, 2017 if the Developer is in compliance with development timelines established in the definitive documents that contemplate a 2017 Arena opening date (the "Scheduled Opening Date"), or if the actual Arena opening date is delayed past such Scheduled Opening Date solely as a result of the failure of the City to perfonn a contractual obligation under the definitive agreements ( a"City Delay"). D. Annual appropriation of all state sales and use taxes generated at the Arena into the Fund as authorized by §15.2-5926. E. The monies appropriated into the Fund to be made available to Developer on a quarterly basis commencing with the issuance of a certificate of occupancy for the Arena and continuing until the first to occur: (1) the expiration of the original amortization period (contemplated to be thirty (30) years) of the Developer Financing established at closing or (2) July 1, 2043 (outside date authorized for the Fund per General Assembly as may be extended by the General Assembly). Amount of Fund available to Developer to be annually capped at the sum of (i) annual amount necessary for Developer Financing payments (estimated to be $12,230,000 per year - the final cap will be the actual annual debt service payments established prior to closing); and (ii) annual amount equal to a six percent (6%) return on the Developer Equity (estimated to be $2,400,000) (this amount does not include a return of the principal equity investment); for a total estimated annual cap of $14,630,000. Notwithstanding the foregoing, if the Arena has not opened by the Scheduled Opening Date, solely as a result of a City Delay, monies in the Fund will be made available to the Developer as of the Scheduled Opening Date and continuing as set forth in the previous paragraph. While it is the expectation of the parties that all capital maintenance, upgrades and Event Day Services at the Arena shall be paid for by the Developer from the operating revenues of the Arena, use of the Fund and/or the annual cap may be subsequently increased to assist with these expenditures if requested by the Developer or initiated by the City and approved by City in its sole discretion. For the avoidance of doubt, monies from the Fund made available to the Developer shall not be increased to reflect any refinancing of 3 the Developer Financing or any subsequent modifications, extensions or increases thereto without the prior consent of the City in its sole discretion. 4. PROPERTY LEASE TERMS: A. Property Lease Rate -$1.00 per year for forty (40) years, paid in advance. B. Lease assignable with permission from City (not to be unreasonably withheld based on specified parameters). C. City shall permit leasehold deed of trust to secure primary loan. Final documents will provide lender with reasonable and customary leasehold financing protections (assignment, notice, cure rights, etc.). If lender requires subordination of City's fee interest in Property, City will subordinate City's interest if City receives satisfactory protections and cure rights giving the City the option to either cure the default and assume the loan (with no fee) or pay off the outstanding principal and interest (without prepayment fee) to avoid foreclosure. If subordination is required, a three-fourths (3/4) majority of City Council will be required to approve the Lease. D. Developer responsible for maintaining Arena to industry standard and for upgrades as required. Parties to agree on standards prior to execution of definitive documents. E. City to receive, at no cost, eight (8) premium tickets to every event at the Arena, along with four (4) parking spaces inside Arena, if such parking is constructed. City to have the right to use, at actual cost, an unsold skybox/suite. The City may not sell any tickets, parking or skybox/suite use or tickets. F. Lease will provide the City with remedies (including right to terminate Lease and purchase Arena) for failure to operate facility/ hold a minimum number of events. G. Lease will include requirements for reserves for capital improvement and reinvestment in accordance with industry standards, funded by Developer out of Arena operating proceeds after stabilization. H. Arena reverts to City at end of Lease term. L Construction timetable will be established with milestones. City will have right to terminate the Lease and assume project (subject to assumption or pay off of Developer Financing for failure to meet milestones after notice and cure period). If the fair market value of the Arena improvements constructed as of the date of assumption exceeds the balance of the Developer Financing, Developer will be compensated for such excess value. The exact method of valuation to be described in the final documents. J. Address Operational Controls - The Developer will operate the Arena in accordance with industry standards. Prohibited events and restrictions on naming rights will be delineated in definitive agreements. 4 5. DESIGN AND CONSTRUCTION OF IMPROVEMENTS: A. Developer agrees to design and build the Arena in substantial conformity with the site plan, elevations and standards set forth on Exhibit E, attached hereto. City will have approval over all plans and specifications for Arena (and any change orders materially affecting design concepts and criteria) for compliance with approved design concepts and specifications. City entitled to have its project manager participate throughout design and construction process to ensure that plans and specifications incorporate the agreed upon design concepts and criteria in all material respects and that Arena is constructed as shown on approved plans. B. City agrees to construct (after compliance with a procurement process) the Site Improvements. If consistent with applicable Virginia procurement law, City and Developer to cost participate on some of the Site Improvements (meaning Developer would construct certain of the Site Improvements in conjunction with construction of Arena and City would pay Developer's costs of that construction). To finance the cost of the Site Improvements, the City anticipates adding one dollar ($1.00) per night to the City-wide hotel tax for a period of five (5) years. C. Developer to post performance/completion bond prior to commencement. City named as a beneficiary under the bond and will have right to step in and complete construction of Arena in event of default which remains uncured after notice and opportunity by Developer (including failure to meet milestones and complete and open project). City will also have collateral assignment of all project contracts (A&E, general contractor, management, etc.), subject to the lender's first priority assignment of such contracts. D. Contingencies for commencement: 1) Approval of a mutually acceptable lease by City Council. 2) Receipt of all discretionary approvals set forth in Section 7, below. 3) Receipt of site plan approval and issuance of applicable building permits. 4) Parties mutually approve the overall aggregate final project budget. 5) Developer obtains financing (debt and equity) for Arena sufficient to fund final project budget. 6) City receives bids for construction of the Site Improvements set forth in Section 3A, above, for a total cost of not more than $53,000,000. E. Parties to agree on construction schedule, including commencement and completion dates. Failure to materially comply with schedule to be grounds for termination of lease. 5 F. Maintenance of Arena to be sole responsibility of Developer. City responsible for maintenance of Site Improvements, including landscaping and trash removal as deemed appropriate by the City. Maintenance standards to be maintained by both parties shall be complimentary and coordinate to meet needs of events. 6. DEVELOPER FINANCING REQUIREMENTS: A. Developer to obtain financing for project as follows: 1) Developer contributed equity: expected to be $40,000,000 (the "Developer Equity") 2) Developer obtained debt: expected to be $170,000,000 (the "Developer Financing"). 3) In event of default by Developer under Developer Financing, City to have right to cure and assume Developer's interest or pay off balance (excluding assumption fee or prepayment penalty or fee, if any) and assume ownership of Arena. Lender under Developer Financing required to give City simultaneous written notice of all defaults. B. Prior to Council approval of final documents, all key financing terms to be agreed on by Developer and Lender and City to be provided with satisfactory evidence that such funds are committed subject only to final approval by lender. City to be provided prior to closing with satisfactory evidence of sufficient equity and debt financing to complete Arena. 7. DISCRETIONARY APPROVALS: A. Property acquisition/ street closures, if necessary depending on final agreed upon layout of Arena and Site Improvements. B. Conditional Use Permit for Indoor Recreational Facility or special exception under the form based code (Developer to apply with City expediting process to extent possible). C. Signage (exterior digital signage). D. FAA Height Approval. E. Navy Approval (MOU process). F. City Council approval of a Term Sheet and subsequent approval of definitive documents upon completion of those documents. G. Easement(s) or Encroachment(s) for architectural and/or accessory features, etc. H. Approvals, if any, required by the Commonwealth pursuant to § 15.2-5923. 6 8. MISCELLANEOUS: A. Developer will pay costs of reasonable and adequate incremental event day services (police, EMT, security, etc.) as delineated in the definitive agreements (the "Event Day Services"). B. Developer to pay all utilities and fees (including trash collection) associated with the operation of the Arena. C. Developer will insure Arena at sole cost. D. There will be no additional tax or fee waivers or refunds beyond those included in the Arena Financing Fund. E. Although the parties intend to continue negotiations based on the terms set forth in this Term Sheet, this Term Sheet is not (and is not intended to be) a binding agreement. The terms and conditions set forth herein are subject to further mutual negotiation and agreement and are not binding upon either party unless and until embodied in formal, mutually acceptable definitive documents. F. Any obligations of the City of Virginia Beach or political subdivision of the Commonwealth of Virginia shall be subject to annual appropriation of sufficient funds to meet that obligation. G. The Developer acknowledges that the City Council has a goal of 10% minority participation in City contracting. Developer will make its best efforts to meet that 10% minority participation goal. 7 Virginia Beach Arena Exhibit A Project Area (Page 1 af 1) Virginia Beach Arena Exhibit B Furniture, Fixtures and Equipment Draft Farniture, Fixtures and Equipment LisYing (Page 1 of 3) ITEM # ? iTEM COMMENTS 1 BOX QFFICE EQUIPMENT SAFES, CASH DRAWERS, STOOLS, ETC. 2 CURTAINS/DECORATIVEJWINDOW WIhDOW TR=ATMENTS, HALF HOJSE CURTAIN, VOM CUftTAINS TREATMENTS 3 CROWD COtvTROL QUEUING EQU(P., ETC. 4 EVENT EQUIPMEN i- GENERA,L TABLES, CNAIR5, PIPE & DftAPE & SKIRT;N6; WCL BANQUET CFiAIR5 FOR BALLRQOM 5 EVENT EQUIPMENT - SPaRTS 5PC7RT5 EQUIP 6 FlRST AID EQUIPMENT F{RST AID EQUIP. & SUPPLIES 7 ; FURNITURE I(VCt. ALL BtiILDlN6, OPS, OFFICE AND SUiTES WJ DESIGN FEE INCL. 8 HQUSEKEEPING EQUIP. HARD & SOFTSURFACE EQUIPMENT 9 LAUNDRY EQUIPMEN -i WASHER AND DRYER 10 LIFT EQU':PMENT SCIa50RS, BnQM, ETC. 11 LOCKER ROOMS - SPdR -i 5 EQUIP ONLY; LOCKERS ASSUMED 70 BE (ti BASEBUILDING 12 GREEN & DRESSING ROOM DRE551NG MIRRORS, FURNITURE, APPLlANCES, ETC. 13 IOCKER ROOMS - EMPLOYEES FUR 'l HER S?UDY NEEDED TO DE-i ERMINE 14 MATERIAL HANDLIN6 EQUIP. rORKL!FTS, UTILIIY VEHICLES, ETC. 15 OFFECE EQUiPMEN7 CQPIERS, FAX MACHINES, ETC. 16 PERSQNNEL RELATED TIME CIOCK, UNiFORM5, TRASH COMPACTOR, ETC. 17 PRESS EQUIPMENT PRES5INTERViEW ROOM EQUIPMENT 18 RADIO CQMMUNICATIONS RAQIQS, REPEATERS & ACCE550RIE5 19 SECURITY EQUiPMENT SECUR(TY CONSOLE, CHAIRS, MEGAPHONES, ETC. 2{} SQUND & LIGHTiNG SPOTLIGHTS, AfV EQUIP 8c ASSISTIVE L35TENINC; 21 STAGING / RlSERS PERFORMANCE STAGE & ACCESS4RIES 22 TELEVISION SYSTEM CONCQUR5E5, CONCES5lC}!U STANDS, LOCKERROOMS, SUITES, ETC. 23 7RAFFIC CONTROL CONES, BARRICADES, ETC. 24 TOOE.S/ STORAGE & GENERAL MAINTENAM1;CE SNOP RELATED ETEMS OPERATIONS Virginia Beach Arena Exhibit B Furniture, Fixtures and Equipment Draft Furnifvre, Fixtures and Equipment Listing (Page 2 of 3) ITEM # DESCRIPTION 8.1.1 ADVERTISINu SIGNAGE - IfVTERIOft 6.1.2 ADVERTISING SIGNAGE - TITLE B.1.3 ADVERTlSING SIGNAGE - MID RAN6E B.2 COMPUTER SYSTEM B.3 DIRECTIONAL/WAYFINdING SIGNAGE B,4 FALL PROTECTION SYSTEM B.5.1 , F & B - EQUIPMENT B.5.2 F & B -SMALLWARES 6.5.3 F& 8- MENU BQARQS 8.5.4 F& B- POS & SOFTWARE B.5.5 F & B - PORTABLES B.6.1 FIXED SEATING 8.6.2 TELESCOPIC SEATING / RI5ER5 B.63 IN FILL RISERS B.7 MARQ,UEE 8.8.1 SCOREBOARD - INFRASTRUCTURE B.8.2 SCOREBOARD - VIDEO BOARDS B.83 SCOREBOARD - FRONT END EC2UIPMENT 8.8.4 SCQREBOARD - AUXILIARY B.8.5 ? SCOREBOARD - RIBBON BOARDS B.9.1 SECURITY SYSTEM B.10 TELEPHONE SYSTEM B.i1 TRASH COMPAC?OR I 8.12 RECYCLlNG UNBT Virginia Beach Arena Exhibit B Furniture, Fixtures and Equipment Optional Elements (Page 3 of 3) The following optionai elements are not required for initial arena operations in full accordance with our pro farma. Their installation would create a significant cast burden on the developer while producing a noxnin:al return. However, inclusion of these optional elements wauld yield substantial benefits to the City and community, as they would enhance the ability to market the arena for participatory, college and professional sporting events which would ereate substantial revenue for area hotels, restaurants and businesses. Item Descrition Enablin Function Ice floor Basic installation af subfloor Substantially shortens the time period insulatian and refrigeration lines required to upgrade the arena for NHL use and eliminates retrofit casts Ice plant and Chiller systems required to . Mak es the arena/City more attractive dehumidification operate the ice floor and create a to a relocating franchise because it systems skating surface, as well as would shorten the time xequired for desiccant and dehuiriidificatian ?e team to reach full aperational equipment. capability. Ice equipment Includes flooding equipment, Pravides full ice capability from Day dasher system, edger, cover, etc_ One the ability to market the arena for participatory ice events such as youth hockey and figure skating, as well as college and professianal exhibition events such as NCAA, AHL ar NHL. Auxiliary Auxiliary scoreboards serve Enables the ability to market ta Basketball multiple basketball courts participatory youth basketball ? Scoreboards simultaneously. tournarnents, as well as some high school and college tournaments. Scareboard Enhanced 6mm video display Enables NCAA DlA sports upgrade (1) and front end video equiprnent. tournaments. 5careboard Enhanced scoreboard design Wou1d support enhanced City upgrade (2) with upgxaded display marketing display. ' ca abilities. ! Yirginia Beach Arena Exhibit C Site Impravements Memorandum (Page 1 of 13) av HHorn MEMORANDU Barry Frankenfield, PLA, FASLA, AICP To: Dan Adams, P.E. Carl Tewksbury, P.E. Frorn: Randy Royal, P.E. Luke Twilley, EIT Kimley-Horn and Associates, Inc. Date: October 6, 2014 Subjeet: Virginia Beach Arena - Conceptual Planning Site lrrfrastructure Costs EXectAti1le SummaCy FCimley-Horn was retained by the City of Virginia Beach Strategic Growth Area (SGA) C7ffice to prepare pianning level infrastructure cost estimates to support the proposed Virginia Beach Arena. The cost estimates include al( required infrastructure outside af the "drip line" of the arena and do nat include costs inside the arena. Cost estimates were prepared by a licensed prafessional engineee. Kimley-Harn coordinated with Clark-Nexsen to acquire a working conceptual site plan from which quantities could be estimated. Kimley-Hom alsa coardinated with utility providers {Verizon, Cox Communications, Dominion Virginia Power, Virginia Natural Gas, and City of Virginia Beach Public Utiiities} ta determine existing senrice in the area, senrice requirements to support the arena, and connection fees. Kimley-Horn coordinated with Virginia Beach staff far costs related to site furnishings, landscaping and irrigation, parking cantrol equipmen#, and city perrnitting and inspectiDn fees. Additianally, Kimley-Hom caordinated with the USM design team for cost estimates associated with the marquee signs and cancaurse access treatments. Planning cost estimates were aiso provided for additianal, optional improvements that are not required to suppQrt the arena but should be of consideratian to enhance the area surraunding the arena. These include intsrsection improvements at Birdneck RoadNirgin;a Beach Boulevard, Birdneck Raad streetscape, Virginia 8each Boufevard streetscape, and 992h Street streetscape. (t is noted that all costs were based upon preliminary canceptual layaut plans and there is potential for change as the praject cantinues to develop and mare information becomes avaifable. The base infrastructure cos#s do not include soff costs such as design, contingency and escalatifln, and inspection which were estimated separately as a percentage of the total canstruction cosfs. Additionally, operating costs {e.g., police and security patrol, trafFic management, etc.} are not included. Virginia Beach Arena Exhibit C 5ite Improvements Memorandum (Page 2 of 13) M P? ??? ? cF 2 ? Horn The follawing tabie summarizes the planning cast estimates per major categary for infrastructure essential to the arena, saft costs, and optional costs. Attached are axhibits that include the detailed breakdawn af individuai line item project costs and supporting graphical exhibits. "Does not include right-of-way acquisition that may be necessary pending further design. ""'Cos# provided by the City of Virginia Beach through a CIP estimate. Thank you for the opportunity to be of service. If you can pravide anything additional or answer any questians, piease let us know. Kimley-Norn Car! Tewksbury, P.E. Atfachments A?60 ?Aan- Sti6eiV Suit?;S0, ` Z"?i? Virginia Beach Arena Exhibit C Site Improvements Memorandum (Page 3 of 13) City of Virginia Beach Arena ;aildvy;??orn DRAFT Preliminary Opinion of Probable Cast - Base Cost (Exhibrt I) so/os/zo2a ltem Desviption UnltCast Unit Qumft Totalcast Denrolition & Ckaririg Clearingandgrubbing - Forestedarea $7,200 AC 9-9 $71,000 ! Dertal?ton of existing parkin lou $6.50 SY 66,550 $433,000 93 Demolition of light poie base and salvage poles $600.00 EA 131 $79,000 B4 Removal of ahandoned 24" water line $27.00 LF 700 $19,000 BS pemoval of abandoned 6° water Une $10.00 LF 650 57,000 86 flertroval of abandoned &" sewer line $12.00 LF 700 $5,000 67 Removal of abandoned sanita manholes $1,20D.00 EA 3 $4,000 B& Removal of ezisting storm piping (HDPE 10"-18" diameter) $5.05 LF 2,215 $11,D00 84 Removal of existing storm piping JHDPE 20"-36" diameter) $7.60 if 2,585 520,000 BSO Remwal ot eiurting storm piping (HDPE42"-48" diameter) $&40 LF 1,315 $11,000 BSl Remwal of exlscln storm Catch Ba5in5 & Manhole5 $1,400.01) EA 7 $10,000 812 DemollGOn of UBhthouse Center $0.38 CF 56,000 $21,000 B13 Demolition of ezisting landstape featurcs along 79th street between Jefferson and existing Gold Key Building $6.50 SY 4,444 $29,000 814 Dertwlkion of ezisting internai site asphalt roads $6.50 SY 8,760 557,OD6 BSS Misc. utlliLy demolition $100,000 LS 1 $1130,000 Su6xotal $840 .WD utflitles - Water CS 10" Water service line $90 LF 400 $36,000 CZ ib" fire service line $140 LF 400 S56,000 q Install fire h rdant from 24" main an Virginia 9each Blvd $20,000 l5 1 $20 000 C4 OeteMOr Chetk Assemhly (Inciudes assem6ty, vaoR, and installation) $45,000 t5 1 $45,000 CS Water appurtenances (Meter, RPZ, Valres etc) $100,000 LS 1- $100,000 Sub-wot $257 ooC! lldiRles - Sewer DI Proposed 16" Sankary Sewer $160 LF 506 0,?0 D2 SanitaryManholes $5,000 EA 5 1 5.000 D3 Pump Station #114 renovatans $1,W0,000 EA 1 OO,OOD Suh-tn.ll ttS ?D(? UtlOC(es - Dra(na?,e Improvements ES Fxisting Retention Basin (Pand kl) Modifcaticn $40 CY 10,250 $410,006 E2 Construct new pond (at Northwest corner) $25 CY 7.250 $SBI,OW E3 Modlfy IRIetS/OUtktS $50,000 LS 1 $50,000 E4 filterra Devices $20,000 EA 12 $2400W ES Underground Detention $15 CF 28,000 $420,0W Note- Pervlous pavers are part of drelnage improvements but costs are captured under ske development - Section ! Sub-rotai $y,3C1,D40 Udlkies - Eledrk (Dominbn) FI Convert overhead lines ta underground -Along 19th tn N. Birdneck $1,600 lf 1,050 : $1,680,000 Su040rot $1,680,'Jil0 • Utflttles -Telemmmuntcatlons ([mx & Verhon) Gi Verizon-(4)4"Conduitstobuilding $20 LF 1,200 $48,006 62 Verixon-(4 4"Redundantlinemnduiitobuildin $20 LF 1,200 $48,0W G3 Veraon - Provide redundant fi6er/co per linesta building $20,000 LS 1 $40,006 G4 Verizon - TelecomJunctionbox $5,000 EA 4 $40,006 GS Cox - New flber optic extension $25,600 EA 1 $51,000 G6 Coz - New coax extensinn $7,950 EA 1 $16,000 f,7 Cox - Relocateexistincmcfacilkiesunderground $18,000 EA 1 $36,000 3cb:rut01 S2?Aw Utilitfs - Natural Gu (Nirgimia Naiural Gas) HS Minor tie-ins to wpport arena demands (service to be provided vla 12" gas main off of V rginia Beach Blvd) S100,000 LS 1 5100,000 Su6riarrrt 100000 Gvil Site Developnem 11 Site developmeM of surface parking - asphalt consrete (Price inciudes: CutfFill to 2', Grading, Cornpaction, Soil stabilizatian, 8" stone beneath pavement, asphaitic pavement, curb and gutter, underground storm piping, storm structures, striping and signage, landscaping) $9 SF 331,000 $2,979,00D 12 Slte develapmenY of surface parking - permeable Davemerrc (Price includes: CutJPiil to 2', Grading, Compaction, Soil stabilixation, 24" stone baseJresevoir layer, 4" bedding stone layer, 3" permeable pavement, curb and gutter, underground storm DiPing, storrn s[ructures, stripiag and signage, landscaping) $12 SF 325,000 $3,738,000 13 Site development of surface parking - paven (Price includes: tutiFill to 2', Grading, Cumpaction, Soil siabilizatien, 8" stane sub-base, pavers, and landsw in $17 SF 156,500 $2,661,000 a 14 Site Iighting (LED lights) with 20' pole and concrete base $7,500 EA 210 $1,575,000 IS Construtt inte:nalsheroads $600 LF 3,500 $2,300,000 Sub-inM! 513,033,000 10/7/2014 Page 1 of 3 Virginia Beach Arena Exhibit C Site Imprevements Memorandum (Page 4 of 13) tity of Virginia Beach Arena !Orn;( -i.,, Horn DRAFT Preliminary Op[nion of Probable Cost - Base Cost (Exhibit I) 10/U6/20]4 119th SVeet Stree6espe Jl Ex[end existing 8' wide paver sidewalk west along 19th street to N. Birdneck {From a roximate Jefferson Ave to N. Blydneck) $? SF 15,200 $198,D00 JI Path Iighting $500 EA 20 S10,000 J3 Street lighting $7,500 EA 11 $63,000 J4 Landscapin $50,D00 l5 1 $50,000 Sub-DOtnl :31Sf,000 Offsite Crvil Site DevdopmeM K3 Slte devNopment of offaite 400 space satellite parking lot $3,000 Per Spate 400 $1,200,000 Sub-tota: 51,20QJM) . SiM HitdSte - Ll Pfaza pavers $13 SF 146,500 $1,930,500 l2 Pedestrian paver walkway (western side of arena) $13 Sf 44,200 5574,60D 13 Pedestrian paver walkway (eastern side of arena) $13 SF 19,000 $247,000 Sub-taMi 52,751,JOC Nlitteranews M3 Fumish and install marquee sign $1,500,000 t5 2 $3,D00,00D M2 Enhance veterans Memorial and Park $250,000 LS i $250,000 ;ub-totol $3-PS7,000 Concourse Aam Treatmeft NI East Conrnurse Acttss Treatmmt (Cost Provided hy C-N) $500,000 LS 1 $500,000 N2 West Concouae Access 7reatment (Cos[ Provided b GN $500,000 LS 1 $500,000 $u9-Mtne $1.OOQibO Traflk & Roadway Improvemettts Pl BirdneckROad/I-264Ees[boundOff-ramplmprovemenu $760,600 LS 1 $761,000 P2 Birdneck Road/l-264 Westhound On-Ramp Improvements $131,iD0 15 1 $131,000 P3 Blydneck Road/19th Street Improvemenu $1,589,900 LS 1 51S40,000 P4 19th5treti/West Parking lntAccess Improvements 5178,200 LS 1 $178,000 PS Birdneck Roadft@nia Beach Boulevarc! Improvements $200,000 LS 1 $200.W0 P6 Virginia Bearh 8oulewrd/Parktng Lot Access/Blrch Lake Drive Im rovements $369,800 LS 1 $370,D00 P`7 PS Virofnia 6each Boulevard/Parking Lot AccessJSea6ridge Road Improvements Vi 'nia Beach Boulevard(leHerson Avenue Improvements $307,700 $236,300 t5 LS 1 1 $308,000 $236,000 P9 ParksAveaue(19th5treet/MOnroeAVenuelmprovements $100,300 LS 1 $SOO,ODU P10 Patks Avenue between I9[h and 22nd Street Improvements S10,800 LS 1 $11,000 Pli ParksAvenue/21st Street Improvements $318,100 LS 1 $318,000 P32 Parks Avnue/22nd Street ImprovemenB $125,400 LS 1 $125,000 P33 Wayfinding & Direc[Ional Sfgning $I50,000 lS 1 $150,000 SuG-tomr $4,77$0W Irrisation Ql Irrigation system $200.000 LS 1 $200,000 :w6-M+d SZD7,f'00 SKe Furnishinss Rl Tresh cans (34 gal. steel trash receptade) $800 EA 4D $32,000 R2 Bencbes $1,500 EA 40 $60000 R3 Bike racks (LO btkes / rack) 51,250 EA 8 $10,006 R4 Seturity tamerss & audio stem $250,000 LS 1 $250,000 RS Control gates $5,000 EA 16 $50,000 R6 Attendentsfcehers $15,000 EA 3 $45A00 p7 Electranic coMrol ¢ystem for parking 5300,0DD LS 1 $300,000 Re O[her plaza amenities (WatedSewer/Electric) $100,000 LS 1 $101).000 CJb*Gttll $&!7,0W Erocion and SeckmerK Control 51 Sih Fence $3 LF 9000 $30,000 5x Inlet PrMecclon $300 EA 75 $20,000 53 Temporary Safety Fence $6 LF 9000 SSG,ODO 54 Rock Constructian Entrance $5,000 EA 3 $20,DD0 55 ESC Corrtingency $250,000 LS 1 5250,000 Ua-romt 5370,00n Wetlwd M 'on T1 Wetland miti ation ISth St Wetland Cell ij $1001000 AC 0.19 $19,000 T2 Wetland mltlgaY(on (18th St Wetland Cell 2) $1013,000 AC 0,14 $14,000 T3 Wetland mitigation (18th St Wetland Swale) $100,000 AC 0.08 $S 000 T4 Wet Pond Wetland Bench $150,000 AC 0.69 $103,500 Sul--rotal $ISO,OUO ErrvironmeMet Remediaticn . Ui Removal and remediatbn adsting underground storege tanks (USTs) - To be determined after a site Phase I ESA $?? 000 EA 1 $250,000 Sub-tatni ;250,000 Me6lizadon Vl Mobilizatian(5%ofcanrtruction-doesnotincluderoadway mobilization) S2,5D0,000 EA 1 $2,500,000 Sub-mm! $2,.590.ORP Conshuction Total $35,993,000 Cortingency (20%) $7199 000 Design(15%) $6,479,000 Inspectfon S3AO01000 ConrtructionTotal $52,671,000 101712014 Page 2 of 3 Virginia Beach Arena Exhibit C Site Improvements Memorandum a e 5 of 13 City of Virginia Beach.Arena XJ !?1. e y H, c), - n DRAFT Preliminary Op+nion of Probable Cost - Optional ltems (Exhibit 1) 10/06/2014 ttem Description Unk [ost Unft Quantlty Total Cost Streetscape Virginia Beach 6lvd (From N. Birdneclc m Washington Ave.) Convert overhead lines to underground - Along Virginia Beach Blvd to N. . Birdneck $1,600 LF 2,700 $4,320,t100 B' Wide Paver Sidewalk along Virginia Beach Blvd (From Seabridge Rd toRd.) $13 SF 21,600 $281,000. Path lighting $SOQ EA SD $25,000 Street li hting $7,500 EA 27 $203,000 Landscaping 5100,000 LS 1 $100,000 8' Wide Paver Sidewalk along Virginia Beach Blvd (From Birdneckto approx. Seabridge Rd.) $13 SF 7,200 $94,000 Earthwarkfgrading $2 SF 135,000 $203,000 su6 rota; $5;2:6,= Contingency (20%) ConUn n,.y $110451LW Design (15%) Drslgr $944000 CEI (5%) Cff .5261,000 70TAL $7473,000 SbtetStape - N. BiMrMdc Rd (From 19th LO VB Bhrd) Converc overhead lines ta underground • Along N. Birdneck between 29th and Yrginia Beach Blvd $1,600 LF 900 $1,440,000 Path lightfng $500 EA SS $9,000 Street I Ung $7,500 EA 10 $75,600 Landspping $50,000 LS 1 $50,000 S' Wide Paver Sidewalk aiong Virginfa 8each Blvd (From Birdneck to approx. Sea6ridge Rd.) $13 SF 7,2D0 $94,000 Earthwork/grading $2 SF 45,0DO $68,000 $uD-fJtOI $1, 736,ORO Gontmgency 20% ConUngencv $347.000 Design(15%) Desiyr }312;(m CEI (5%) C'I $87,000 TOT4L $2,n2,000 Trafrie and Roadway Imprwamerrts Birdneck Road(Vir inia Beach Boulevard Improvements $4,539,300 LS 1 $4,539,000 Suh-toW! 54?539,1i0J Contingency(20%) ?omin7encY SQ081 wo Design (15%) Desrgn $827,000 CEI (5°6) 4'-t 522.',000 TOTAL $6,492,000 SuMTotai $36,446,000 10/7/2014 Page 3 of 3 Virginia Beach Arena Exhibit C Site Impravements Memorandum (Page G af 13) E ? > ? 7E C) a)- CL(D C) ? ? C CSS C > 0 rmL E ? 0 ? ? cc S3 ? ?C Ll.1 4 .'? ? f e M1t:? .? co ? 0 C 15 C y ? J O N G p} ? :3 cn 2 p m W _ ? ? ? ? ,:, c ? ° E l- - ca ? N ? cts a -j v ? ? ? o ` `n c ? tv d? m ? _? a (D ? ? °???- 4) ? ?COt- w ss ?.CJ ? ? ? - J >. >. ct > .,. U p? cu c^ E C ` T7 ? C O d? O LL' {.? ? 0 0 i- 2 = 'L7 S p) ? o 0 o? 03 N? . . . . 2 fif U) C? . ._ • ? • ?y+? ? ? ? a ? .C ? ? m C ? N L11 J . ,? 0 m 'L} ? LO ? m ds ? I --? ? Virginia Seach f4rena Exhibit C Site Improvements Memorandum (Page 7 of 13) ? x 4) E 0 ?,.,,- Virginia Beach Arena Ezhibit C , Site Impravements Memorandum (Page 8 of 13) ., d? r1 ? B . ?' 110 E? ? • `1 E @e c? r . 7 Z- ? r .? _ r ? ?? ? "kt f ? ? ?t ? .S? <C 000, Q 4 > C?6 6 m ? 1 I ? I m U 0 W 'S Q Ct? 3 E z :3 ... ? o ? m ? c ? co ? J ? L ? C? ~ IY N C = (1S t!1 ?= m ? O ? U J U :3 CD D n ? n c ? c a) otpom J CL ,,,,, c o Co ? ?J ? ? CD ` ? ? N J m1'' a W tQ re 't3 E X J z V 2 U LU L (n a) d R7 0 0 - ? f ? Q M J ? J ? Q ? TJ E G L C ? t6 @ -> y m 3?~ * Z m J J E ? W ? w (D c U JC7W . e . Virginia Beach Arena Exhibit C Site Improvements Memorandurn (Page 9 of 13) c h ?. ? (D ? CD o t- F s p ... ~ ? _n ui > ? C)Lj M .e cn LJJ ? ? T ttf" (D .C t5 cc ? ? af c o ? 0 U ? ? o . . 0 ? ? . ? 0 ? 4 co c LM 0 ? tA U ft co ? (4 r . E ? NNW ? , U-) ? . ..C? x LL,1 (.0 ? ? x ? 'V Virginia Beach Arena Exhibit C Site Improvements Memarandum (Page 10 of 13) °o 0 Lr) N L a--i m ? °o °0 o o 0 a 0 0 0 0 0 0 . . . 0 O a N ? m w ? o t.. . . . ? ? ? ? a) (Li ? .? a .,-. i tU 3: 0 0- m r1 Q •? V ? m 0 c •? 0 E •? ? > Q .? ....+. Ln cn c O ? ? R7 m ? 4-j C: U ? ? E U E 4-J 0 LJU ?- t/) V 6 i.. ? a-J (Li Z .? .? ? ? ? ? ? a? E C. a ? > a? ? a? ? .? ? ? cu ` ? C. c? U s? ? O U ? c (U E > tt3 C1 v ? t6 a) E dl CL Q C3 Us ? a> ? cn aD ? ? U .? ? ? ti3 d ? Virginia Beach Arena Exhibit C Site Impravements Memarandum (Page 11 of 13) c r, 2 C 6 ? C O ? s 4 ? 0. +•• ? ??? biA Al4 ?, ' . a < m O cc O tA ? m ? . ? .3? .C? J ? rVn ? L ?? sv „_, ? • .r ?? :3 .r+ ?.... tU •- 'y, ?.- 0 ° ? S ? 0 ? Virginia Besch Arena Exhibit C Site Improvements Mernaeandum (Page 12 of 13) ? ? E CL 1- = i ? x Ll.l ? t s ?? + ?€t ' ?? f3 ,Y? . ? , T. ? ?-,:? ?...._ ? ? • ? -,? ?r: ?r ? ?? ? w ?• ?? --zl ; C, o L ?W -<.:. . C?' r! -? F? /? ??• L e r ? j • k . .'a [,? 4"? ? w ?m??? ? . ? •"F' ? (...? L[ ? ry ? ?Iez? J/?F, L?• fI Y V ' Z-tj E1 Z 1 e F"`•' ?'' ° 0 Virginia Beach Arena Exhibit C Site Improvements Memorandum (Page 13 af 13) E ? ? ? ¦ ? 0 i CF) !E 0 x W }-?x: M1 !''., + ? ? + 4 ? _._-n (L ? ; ? • ? _ ?, ?- i? ?.? r? ... ?' 7i= ? M ? ? - E: ? 0 ? ?. ? a ? o ? w t Q ? ? z t. i..? --- ? ? ? ? P ? ? c) ? w 07 . z cL ? - w ? ¢ ¢ ?'. m W ? J ? ? ? ? i.l.l m ? m w ? _ Ca ? Z r ? o C.? ? . Q f ? m ? w ? .? ? ? Ue[? Z Z cn n ? ? ? 1 > m > 1 ? ? ? 0 o a 0 ? a7 0 0 0 ? ? . as N ri cD ? C d?' ? n ? ? N lD f7'} • '{f} {f?. {f} 4Aw G r ? L ? ? . ? ? LL} E V} ? t1J ? > ? O m ? ? Q ? ? ' . Rs C s ? ti- ? E aa t2 o . oy 0'' > - ca t,v .. - .? r ? r. D {j} 0 42 ? Q} CIS L EI} Q7 ? ? ? o c ? Q ? ? ? ? w +J -W (} (D "0 4 c m ? c) ? H ? s- ??. OJ i? Virginia Beach Arena Ea€hibit D Parking Area W ? 8 & E re«xair+ «? as " c '? ry 2 c o `3 1' a ° " Q t'_ ? ? . . . . .. warne wwrsuror3aw? ? +S? f ? 3 .P+ y 9 ? J v?{ °I TYl, t'1 ? ?• S?qWri a6 i?91wn !'r?,# ? V ? a 'a ? ? i e d z wsattwuo C E ? y ? +rswa+ ?i ? ??. ? ? ? ? 3 ? = LL LF) ? ? ? ? g 3 S ? 3 ? ? ? ? ? € ? ? ? ? ? a ? e ? ? 8 ? t6 ? a j ? u cc m ? m •s . C K C •? ? •?! r i ? ? ? $ ? ? ? ? ? ? ..? ? ?$ ?2 Virginia Beach Arena Exhibit E Site Plan, Eievations and Standards Design Overview (Page 1 of 9) The Virginia Beach Arena will be a multipurpose entertainment and sport complex. The building will be iconic in its design, becoming immediately recopizahle as a landmark for Virginia Beach. The arena will be flexible in accommodating the widest range af event types, and uses. The venue will be forward-loaking, providing the framework as the contemporary home venue for a future professional sparts franchise. Project planning will incorporate all the necessary accommodatians and expanded offerings to make the Wirginia Beach Arena on par with the best of similar arenas currently in operation. Once constructed, the arena will provide capability and capacity to draw premier Iive music market and nationat touring acts, performances, and host events such as the NCAA first- round basketball tournannent games, ACC championships, and other similar destinativn-type functions. Seating capacities in Phase l will range from 15,000 for hockey, 16,500 for basketball, and up to 16,500 far concerts (depending on stage configuzation). Seating capacities in Phase 2 will increase by approximately 2000 per configuration to achieve professional sports capacity requirements. Additional design studies may be explored far different seating capacities to match market demands. A variety of premiurn seating types will be available, including private suites, club seating, (oge boxes and private clubs. Public restroorns, concessions and cancaurse circulatian space will all be provided to promote spectator camfort. Locker raoms, press facilities, food preparation areas, storage, staging and other suppart spaces, as well as the necessary associated furniture, fixtures and equipment (FF&E) will be provided to best serve the proposed events. Design, throughout the facility, shail camply with ali building codes and regulations as well as the guidelines established by the Americans with Disabilities Act (ADA). Virginia Beach Arena Exhibit E Site Pian, Elevatians and Standards Yrelirninarx, Nite Uevetopment Diagram (rage z oi y) i ? .' _ . ? ,. Virginia 8each Arena Exhibit E Site Plan, Elevations and Standards Canceptual Design Diagrams (Page 3 af 9) ? • 6 = ro ^ ? ? .u p o s c ? ? ?+ .? i ?°• W .? y 'v S ? 6 p ? ?Q a?ofl ?o????? : 7 ? .? j- ?[ i A-. ?6 . . . , ? ? ? ? 1 ? . . , , ". -? • - * . ? •`? , , .. , ? ? = r ?, . . . ? ? . .? ?. e .. ,.: ,... % • J,? f i J ? u i ? ? ? ?`? ? ? ? I I i Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Design Diagrams (Page 4 af 9) ? ? A? A A?;. ? ?? qu P. j ? ; ? ? ? ? ; ? f Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Design Diagrams (5 of 9) Virginia 8each Arena Exhibit E Site Plan, Elevations and Standards Conceptual Design Diagrams (6 of 4) ? P? ? ? L9? ?. ? s ? F OP . ? ? p ? ? ? ? ? ? ? ? ? ? ? ?- Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Design Diagrams (7 of 4) d ? ? ?}?; 11%, ? .b ? i s ? ? ? ? ? ? ? ? ? ? ? ?,•,!? ? ? Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Elevations (8 of 9) Virginia Seach Arena Exhibit E Site Plan, Elevations and Standards Canceptual Elevations (9 af 9) ?.J ?'?3?;_??•?'? '-' ,:? ??> City of Virgiriia Beach U Z ?R ?iy9?r < •"' e?? O a? oF DUR NA110N? V BgOV . COfll JOHN E. UHRIN PHONE: (757) 200-7005 COUNCILMAN - DISTRICT 6- BEACH JUHRIN@VBGOV.com Refer to File No. 0053592 December 2, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could increase demand for hotel rooms in the Resort Area. The agreement also could result in an increase in the hotel tax. 4. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Smith -2- December 2, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincer y, J ? Jo E. Uhrin Councilmember JEU/RRI City of VirgirZia Beach Za?994-s \oN? e? ?2 ? ?UR NAT ? ROSEMARY WILSON COUNCIL LADY- AT-LARGE Refer to File No. 0053572 December 2, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Prudential Towne Realty. 4. I am a real estate agent affiliated with Prudential Towne Realty, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Prudential Towne Realty is my own commissions from my own sales. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- December 2, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 6. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Prudential Towne Realty is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ZIAZ?'o RosemarY A Councilmember RAW/RRI City of Virgiriia Beach . - , < 2 vyo ?r ? OF.OUR NA10NS V BgOV. COm ROSEMARYWILSON PHONE: (757) 422-0733 COUNCILLADY-AT-LARGE December 9, 2014 FAX: (757) 385-5669 In Reply Refer to File No.: 0053570 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Disclosure - Dixon Hughes Goodman Dear Mr. Fraser: I have a personal interest in Dixon Hughes Goodman because I receive retirement income from the firm as a result of my late husband's employment by the company. I am not an employee of Dixon Hughes Goodman, I have no role in the management of the company, and I am not privy to its client list. Due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which I have no personal knowledge. I am always concerned about the appearance of impropriety that might arise if I participate in a matter before City Council in which Dixon Hughes Goodman has an interest, but in which I have no personal knowledge of that interest. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict. If, during my review of the agenda for any given meeting of the Council, I identify a matter in which I have a"personal interest," as defined in the Act, because of my receipt of retirement income Dixon Hughes Goodman, I will make the appropriate disclosure and take appropriate actions. Thank you for your assistance and cooperation in this matter. Very truly yours, =A'Roseon Councilmember RAW:RRI 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 C?ity of VirgirZia Beach , - . ?y z o a` ?r s OF QUR 01%0?S VBgOV.COI71 JAMES L. WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN Refer to File No. 0053638 December 9, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: PHONE: (757) 340-8411 FAX: (757) 340-2082 jlwood@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 2. Approval of the non-binding term sheet will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could impact the value of real estate in the vicinity of the arena. 4. I have an ownership interest in 603/605 22°d Street, L.L.C. and 609/607 22"d Street L.C. The principal office address for both companies is 3809 Thalia Drive, Virginia Beach, VA 23452. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Smith -2- December 9, 2014 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22"d Street; 609/607 22°d Street L.C. owns property located at 607 and 609 22"d Street. All of this real property is located approximately three blocks from the proposed arena site. 6. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22"d Street, L.L.C. or 609/607 22"d Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, J m s . Wood Councilmember JL W/RRI -64- Item -VI-H.4 ORDINANCES/RESOL UTIONS ITEM #64424 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council DEFERRED INDEFINATELY, BY CONSENT, Ordinance to DECLARE City-owned properry as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossirig Pine Top Drive in Brunswick County, Virginia (deferred November 18, 2014) Voting: 9-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Shannon DS Kane, Brad Martin, Amelia N. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining.• John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. Mayor Louis R. Jones, Ross-Hammond, John E. December 9, 2014 City of Virginia Beach f R yZ 21 9,P?s ....,. . . ... 5 e? OF ?UR NA?,13N MARK D. STILES CITY ATTORNEY In Reply Refer to 0053642 December 31, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 VBgOV.C0171 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9004 (757) 385-4531 FAX (757) 385-5687 TTY: 711 Re: Councilmember Moss's December 9, 2014 Abstention on an Ordinance Concerning a Portion of the Lake Gaston Pipeline Easement and VDOT Dear Mrs. Fraser: I am writing this letter regarding Councilmember Moss's December 9, 2014 abstention from voting on An Ordinance Declaring a Portion of the Lake Gaston Pipeline Easement Crossing Pine Top Drive in Brunswick County, Virginia, in Excess of the City's Needs and Authorizing the City Manager to Convey Same to the Virginia Department of Transportation ("VDOT ordinance"). During their November 18, 2104 meeting, City Council deferred the VDOT ordinance to their meeting on December 9t". I advised Councilmember Moss on December 9`" that he should abstain from voting on the VDOT ordinance. He followed that advice and abstained. After the meeting, I realized that I had misinformed Councilmember Moss, and he was not required to abstain. On November 18, 2104, two ordinances on City Council's agenda concerned an easement over City-owned property in Brunswick County, Virginia. One was An Ordinance Authorizing the Granting of an Easement over City-Owned Property Located in Brunswick County, Virginia to Virginia Electric and Power Company. Councilmember Moss had a conflict with respect to that ordinance because he has a personal interest in Dominion Resources, which is also known as Virginia Electric and Power Company. He properly abstained from voting on that item and made the required disclosures. The second ordinance-the VDOT ordinance-did not involve Dominion Resources, so Councilmember Moss had no conflict with respect to that item. Mrs. Ruth Hodges Fraser -2- December 9, 2014 Re: Councilmember Moss's December 9, 2014 Abstention on an Ordinance Concerning a Portion of the Lake Gaston Pipeline Easement and VDOT When I reviewed the December 9, 2014 agenda, I incorrectly concluded that the Lake Gaston pipeline easement ordinance on the December 9 agenda was the same ordinance as the one from November 18 that involved Dominion Resources. In summary, Councilmember Moss was not required to abstain from voting on the VDOT ordinance, and the reason he abstained on the item is because I advised him to do so. Please include this letter of explanation as part of the official records of City Council in order to accurately reflect the reason for his abstention. Thank you for your assistance and cooperation in this matter. Sincerely, Roderick R. Ingram Deputy City Attorney c: Councilmember John D. Moss -65- Item -VI-H.S ORDINANCES/RESOL UTIONS ITEM #64425 The following individual registered to speak: BaYbara Messner questioned if this would allow the Citv to lobby for up to $1 S-Million in Government Grants and, if so, will the funds go towards the Arena? Upon motion by Councilman Wood, seconded by C'ouncil Lady Wilson, City Council ADOPTED, Resolution to AUTHORIZE the City Manager to EXECUTE a Sub-Recipient Agreement re the Solar Market Pathways project Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining.• John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 A RESOLUTION TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SUB-RECIPIENT 3 AGREEMENT FOR THE SOLAR MARKET 4 PATHWAYS PROJECT 5 6 WHEREAS, the City Council adopted the report of the Mayor's Alternative 7 Energy Task Force on January 25, 2011, with the caveat that certain recommendations 8 would be pursued only upon further direction of the Council; and 9 10 WHEREAS, the Solar Market Pathways Project (the "Project") seeks to develop a 11 model for solar development in Virginia that is adaptable to serve as a nationwide model 12 of solar energy and to adapt existing solar energy infrastructure for boarder 13 implementation; and 14 15 WHEREAS, the City has been offered the opportunity to participate in the 16 Project, and the City's contribution would be in-kind services valued at $25,000 over 17 three years; and 18 19 WHEREAS, the City Council finds it serves the public interest to participate in the 20 stakeholder group to further the goal of increasing the City's energy independence, with 21 an emphasis on conservation and clean fuel technologies; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Manager, or his designee, is hereby authorized and directed to execute 27 a Sub-Recipient Agreement for the Solar Market Pathways Project that commits the City 28 to an in-kind contribution of no more than $25,000 over three years, and the City 29 Manager, or his designee, is authorized to undertake any necessary actions consistent 30 with this resolution. 9th Adopted by the Council of the City of Virginia Beach, Virginia on the day Of December 92014. APPROVED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY: Cit anager City At e CA13181 R-1 December 2, 2014 C ity of Virginia Beach . ?. .?? . ? z ? OF OUR NArO? JOHN MOSS COUNCILMAN - AT-LARGE In Reply Refer to 0053594 December 9, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Disclosure Pursuant to Conflict of Interests Act § 2.2-3110 (A)(4) Dear Mrs. Fraser: VBgOV.C0111 PHONE: (757) 363-7745 MOSSJOHN @COX. N ET Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on a Resolution to Authorize the City Manager to Execute a Sub-Recipient Agreement for the Solar Market Pathways Project. The grant recipient is Dominion Resources, Inc. 2. I have a personal interest in Dominion Resources, Inc., which is also known as Virginia Electric and Power Company. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. 4. In the event that the City Council approves the resolution and authorizes the City Manager to contract on behalf of the City with Dominion Resources, Inc. for this project, I am further disclosing that I do not have the authority to participate, I have 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 Mrs. Ruth Hodges Fraser -2- December 9, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Disclosure Pursuant to Conflict of Interests Act § 2.2-3110 (A)(4) not participated, and I will not participate in the procurement or letting of the contract on behalf of either the City or pominion Resources, Inc. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Al D. Mo ss cilmember JDM/RRI -66- Item -VI-H.6a ORDINANCES/RESOL UTIONS ITEM #64426 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $231,533 from the Virginia Technology Trust Fund re Circuit Court Software Maintenance and Case Management Software Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE CLERK OF THE CIRCUIT COURT FOR 3 SOFTWARE MAINTENANCE AND CASE MANAGEMENT 4 SOFTWARE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $231,533 is hereby accepted from the Commonwealth of Virginia and appropriated, 10 with estimated revenue from the state increased accordingly, to the FY 2014-15 Operating 11 Budget for the Clerk of the Circuit Court to support annual software maintenance for the 12 AiLIS (Land Records System) and to provide for installation of a new case management 13 software program in cooperation with the Supreme Court of Virginia. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f Budget and anagement Service Ci rney' ffice CA13178 R-1 November 25, 2014 -67- Item -VI-H.66 ORDINANCES/RESOL UTIONS ITEM #64427 The following individual registered to speak: Barbara Messner asked if the funds will be used to move the Lighthouse Center from its current location. Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: b. $67,982 from the Reserve for Contingencies for the Oceanfront Outreach Initiative Ye Homeless assistance Voting: 9-1 Council Members Voting Aye: RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 AN ORDINANCE TO TRANSFER $67,982 FROM 2 RESERVE FOR CONTINGENCIES FOR THE 3 OCEANFRONT OUTREACH INITIATIVE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $67,982 is hereby transferred from the Reserve for Contingencies to the FY 9 2014-15 Operating Budget of the Department of Housing and Neighborhood 10 Preservation to fund the continuation of the Oceanfront Outreach Initiative from 11 December 1, 2014 through June 30, 2015. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day Of December 12014. APPROVED AS TO CONTENT: APP S LEGAL SUFFICIENCY: Budget and Management Ser ices Ci _ ' ffice CA13180 R-1 November 26, 2014 -68- Item -VI-H.6c ORDINANCES/RESOL UTIONS ITEM #64428 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: c. $112,500 from the Police Federal/State Seized Assets Special Revenue Fund re Police training and equipment Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE EQUIPMENT AND TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $112,500 is hereby appropriated from the fund balance of the Federal/State Seized 9 Assets Special Revenue Fund, with specific fund reserve revenue increased accordingly, to 10 the FY 2014-15 Police Department Operating Budget for purposes the following purposes: 11 30 SWAT protective helmets (estimated cost $27,900); 40 replacement rifle plates 12 ($23,200); replacement of surveillance equipment ($6,600); training for leadership 13 development ($30,000); replacement of furniture in interview room and detective squad 14 area ($9,800); replacement helicopter pilot helmets ($8,000); and funding for a K9 15 ($7,000). Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 t h day of December 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Budget and Management Services City Attor?e ' ffice _ ? CA13177 R-1 November 25, 2014 -69- Item -VI-H.ADD-ON ORDINANCES/RESOL UTIONS ITEM #64429 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, Ciry Council ADOPTED, BY CONSENT, Resolution re "Distribution of Recordation Tcrxes" in the amount of $1,453,587 for reduction in State aid. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 REQUESTED BY COUNCILMEMBER MOSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A RESOLUTION TO SELECT AND CERTIFY SPECIFIC STATE REVENUE FOR REDUCTION IN STATE AID TO LOCALITIES WHEREAS, the General Assembly has reduced State Aid to Localities funding by $30 million the current Fiscal Year, of which $1,453,587 is allocated to the City of Virginia Beach; and WHEREAS, the State has designated the reductions "local option" by requiring localities to choose the areas of reduction or make payments directly to the State, or the Virginia Department of Planning and Budget will withdraw the balance from programs the State deems "most discretionary;" BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council selects and certifies "Distribution of Recordation Taxes" as the preferred programmatic reduction to meet the General Assembly's State Aid to Locaiiiies reduction ailocation of $1,453,587. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of December , 2014. APPROVED AS TO LEGAL SUFFICIENCY CA13235 R-1 December 9, 2014 -70- Item -VI-H.ADD-ON ORDINANCES/RESOL UTIONS ITEM #64430 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Resolution in recognition of the service of Brad Martin as a member of City Council and declaring December 17`h Brad Martin Day Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 RESOLUTTON WHEREAS: BRAD MARTIN was chosen from numerotis applicants to fil! the unexpired term for an At Large Member of the Vrrginia Beach City Council. His dedication and unselfis)z attitude provided excellent public service and tltis was shared by his loving wife, Tracey, nnd his son, Henry, who supported his every effort; WHEREAS: Councilman Martin was not a newcomer to public service or t)ze sacrifices he and his family /iave mnde over the years. Brad has been active in politics for many years, hnving served as a City Counci! Appointee on the Arts and Humanities Commission, the Chesapenke Bay Preservation Area Board and the Process Improvement Steerirtg Committee in addition to learlership positions wit/i his Civic League and the Cape Henry Rotary Club. His experience as an Engineer was a great asset to the Chesapenke Bay Preservation Board as well as his advice on many City Council considerations, such as storm water management and zoning issues. His expertise and advice were invnluable in City Council's framing its study scope to assess approaches to rising sea levels. His knowledge and e.rperience in engineering advocacy for properry owners and his ability to focus on finding common grotrnd among competing stakeholders materially contributed to the City Council's reputation as a "City that finds consensus solutions". He has been proactive in identifying nffirn:ative steps and tlien taking them in order to renlize improvements. Brad is truly an invested corporate citizen of the "best city in the worfd"; and, WHEREAS: Brad lzas extensive engineering ezperience and is the founder and principa! of Martin Engineering in Virginia Beach since July 2007. Prior to establishing his own frm, he was employed by several top engineering firms in Lexington, Chesapeake and Virginia Beach. He is also a professional in Design Software Education. He is a graduate of the Sorensen institute for Politicnl Lenders/iip f University of VirginiaJ; Professional Financial Planning [Old Dominion Universityj; and, Neighborl:ood Leadership and Development [Norfolk State University]. He is a"Vokinteer" in every sense of the worrl; serving as a"Friend" of the Lynnhaven House and Virginia Beach Historic Homes. He is nctive wit/t the Virginia Beach Specinl Olympics and served on the Board of Directors as well as Treasurer, First Vice-President, Committee Chnir and Newsletter Editor of the Baylake Pines Civic Lengue. NOW, THEREFORE. BE IT RESOLVED: That City Council pnuse in its deliberations to recognize Cotrncilman Mnrtin for his unselfish, untiring and dedicated service to the citizens of Virginia Beach and to wisfi him good Itealth, great wealth and professional success as l:e retcirns to the private world and pirrsues his goals for t/:e future. The City Clerk is reqatesterl to record this Resolution as a part of these proeeedings; and, BE IT FURTHER RESOLVED: That all citizens join the Members of Virginia Beaclt City Counci[ iir proclaiming nnd celebrating: DECEA/BER 17, 2014 BRAD MARTINDAY ? "6"?Dyer CouncilLadyBar6ara7fenCey CoimciC ?ySkannonS?D7Ca un Coun 'lmar ?i? p;:_ ciCman ]okn q). ;Koss CouncilLady ?r. 4 me 'a N. 12,oss- Ca c?Iman ?okn E. `Ufinn 7fammo Counci[La 9Z emary `CounciCma a es L. `WooQ - , SYtayorGo2Z nes , yor`W9ITiam?D. 'IfirlSessoms -71- Item -VI-I PLANNING ITEM #64431 1. EXTRA STORAGE and GWENMcNEAL MODIFICATION OF CONDITION 2. RAVE SOCCER COMPLEX, LLC MODIFICATION OF CONDITION 3. THOMAS and LISA McKEE STREET CLOSURE 4. MARK JANIK and SUSAN HEILIG CHANGE IN NON-CONFORMING USE 5. 7-ELEVEN/HOG POST, LLC CONDITIONAL LISE PERMIT 6. MIKE O'CONNOR TOWER CO. CONDITIONAL USE PERMIT WILWOOD PARK, LLC 7. JEREMY BIGGIE/CHESAPEAKE CONDITIONAL USE PERMIT VOL UNTEER FIRE & RESCUE 8. FUN SPOT AMUSEMENT, LL C CONDITIONAL USE PERMIT 9. KWP, IBC, LLC CONDITIONAL USE PERMIT 10. DAVID C. and JUDITHL. MARTIN CHANGE OFZONING ITEM #1 IS CONSIDERED FOR DENIAL ITEM #2 WILL BE CONSIDERED SEPARATELY COUNCIL LADYHENLEY WILL VOTE VERBAL NAY ONITEMS #S December 9, 2014 -72- Item -VI-I PLANNING ITEM #64432 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, Ciry Council APPROVED IN ONE MOTION, BY CONSENT, Items 1(FOR DENIAL), 3, 4, S(HENLEY NAY), 6, 7, 8, 9 and 10 of the PLANNING AGENDA. Poting: 10-D Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -73- Item -VI-I.1 PLANNING ITEM #64433 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, DENIED, BY CONSENT, Application of EXTRA SPACE STORAGE and GWEN MCNEAL for a Modification to Condition No. 3 of a Conditional Use Permit for Self-Storage (Modified June 11, 2002, February 8, 2005, and July 6, 2010) re signs at 1545 General Booth Boulevard DISTRICT 6- BEACH Voting: 10-0 Council Members Tjoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -74- Item -VI-I.2 PLANNING ITEM #64434 Eddie Bourdon, Attorney for the Applicant, advised the Applicant promptly and completely adhered to the Planning Commission's recommendations, providing all of the requested Engineer Certifications and Certified Plans. This request is simply to permit the construction of a I5x100 foot, one story bathroom and storage addition to the indoor facility. There is also an unclosed deck that has been added to the Plan in order for it to be "°permitted " and lastly, to clean up an issue that existed from the time the facility was built, (from the one-story building to the 1'/z story building that was oYiginally constructed). Linda Russell, 1212 Skylar Drive, Phone: 427-6481, spoke in OPPOSITION. Ms. Russell advised she has been dealing with this for over ten (10) years. She is at a loss why everyone claims to "not know what is going on " as she has been emailing the Planning Commission and City Council for what feels like forever. She is also the one that has filed all of the complaints. Upon motion by Council Lady Kane, seconded by Councilman Martin, City Council, APPROVED/CONDITIONED, Application of RAVE SOCCER COMPLEX, LLC for a Modi acation of Conditions No. 7 and 8 of a Conditional Use Permit (Modified August S, 2005, September 8, 2009, and September 14, 2010) re post facto approval of additions at 2949 Shipps Corner Road DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RAVE SOCCER COMPLEX, LLC for a Modi acation of Conditions No. 7 and 8 of a Conditional Use Permit (Modified August S, 2005, September 8, 2009, and September 14, 2010) re post facto approval of additions at 2949 Shipps Corner Road (GPIN 1495373329) DISTRICT 3- ROSE HALL The following conditions shall be required: The facility shall be used for indoor and outdoor recreation only. No assembly uses shall be permitted on the site. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 PM. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. December 9, 2014 -75- Item -VI-I.2 PLANNING ITEM #64434 (Continued) 4. The soccer facility shall be developed in substantial conformance with the submitted Plan Package entitled "Shipps Corner Soccer Complex at 2949 Shipps Corner Road, Virginia Beach, Virginia" prepared by WPL and dated March 31, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The existing Stormwater Management facility may remain in its current location if approved by the Department of Public Works and the Department of Planning/Environment and Sustainability Office (Southern Watershed Management Ordinance compliance). 5. The indoor facility building addition shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX INDOOR FACILITY", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6 The applicant shall obtain all necessary permits from the Permits & Inspections Office. This Ordinance shall be effective in accordance with Section 107(l) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen Voting: 9-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -76- Item -VI-I.3 PLANNING ITEM #64435 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, APPROVED/ CONDITIONED, BY CONSENT, Application of THOMAS C. and LISA D. MCKEE request closure of a portion of the public right-of-way known as Circle Lane DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THOMAS C. and LISA D. MCKEE request closure of a portion of the public right-of-way known as Circle Lane DISTRICT 6 - BEACH The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets PuNSUant to Street Closures, " approved by City Council. Copies of the Policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to "EXHIBIT 2" dated March 20, 2014, and shall include the dedication of a 20 foot drainage easement within the right- of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingYess and egress. The Plat shall be submitted and approved for recordation prior to final stYeet closure approval. 3. The applicant shall dedicate the necessary easement for any City utilities located within the right-of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the property owner benefitting from the private water ser-vice line must be provided. 6 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by Ciry Council. If the conditions noted above are not accomplished and the final Plat is not approved within one (1) year of the City Council vote to close the right-of- way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107( )9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen December 9, 2014 -77- Item -VI-I.3 PLANNING ITEM #64435 (Continued) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 1 ORDINANCE APPROVING APPLICATION OF 2 THOMAS C. MCKEE AND LISA D. MCKEE FOR THE 3 CLOSURE OF A 5,573 SQ. FT. PORTION OF AN 4 UNIMPROVED RIGHT-OF-WAY KNOWN AS 5 CIRCLE LANE 6 7 WHEREAS, Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROP STREET CLOSURE 5,573 27 SQ. FT. 0.128 ACRES", shown as the cross-hatched area 28 on that certain plat entitled: "STREET CLOSURE EXHIBIT 29 OF A 5,573 SQ. FT. (0.128 ACRES) PORTION OF CIRCLE 30 LANE (A PUBLIC RM/) BETWEEN CEDAR POINT ROAD 31 AND HILL ROAD (M.B. 7, P. 166) VIRGINIA BEACH, 32 VIRGINIA", Scale: 1" = 30', dated March 20, 2014, prepared 33 by WPL, Landscape Architecture, Land Surveying, Civil 34 Engineering, a copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 46 GPINs: 2418-67-2070 and 2418-67-2141 1 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcels. Said subdivision plat shall 52 substantially conform to "Exhibit A", attached hereto and made a part hereof, and must 53 include the dedication of a 20-foot drainage easement within the right-of-way closure 54 area, subject to the approval of the Department of Public Works and the City Attorney's 55 Office, which easement shall include a reasonable right of ingress and egress. The plat 56 must be submitted and approved for recordation prior to final street closure approval. 57 58 3. The Applicant shall dedicate the necessary easements for any City utilities 59 located within the right-of-way closure area, subject to the approval of the Department 60 of Public Utilities and the City Attorney's Office, which easements shall include a 61 reasonable right of ingress and egress. 62 63 4. The Applicant shall verify that no private utilities exist within the right-of-way 64 proposed for closure. Preliminary comments from the utility companies and the City's 65 utilities agencies indicate there are or may be utilities, including a private water service 66 line, within the right-of-way propose for closure. If utilities do exist, easements 67 satisfactory to the utility companies and/or the property owner benefitting from the 68 private water service line must be provided. 69 70 5. Closure of the right-of-way shall be contingent upon compliance with the 71 above stated conditions within three hundred sixty-five (365) days of approval by City 72 Council. If all conditions noted above are not accomplished and the final plat is not 73 approved within one (1) year of the City Council vote to close the right-of-way, this 74 approval will be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before December 8, 2015, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before December 8, 2015, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. a gg SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and "THOMAS C. McKEE and LISA D. McKEE as 93 "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day 96 of December , 2014. APPROVED AS TO CONTENT: Plannir't«opartment CA13188 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D028\P014\00012539.DOC R-1 November 26, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 eC't • EXHIBIT A -78- Item -VI-I.4 PLANNING ITEM #64436 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, Ciry Council, APPROVED/CONDITIONED, BY CONSENT, Application of MARK JANIK and SUSAN HEILIG for a Change in Non-Con ormin,, Use re exterior painting and interior renovation of a garage apartment at 1604 Baltic Avenue DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MARK JANIK and SIISAN HEILIG for a Change in Non-ConforminQ Use re exterior painting and interior renovation of a garage apartment at 1604 Baltic Avenue (GPIN 24270645821604) DISTRICT 6 - BEACH The following conditions shall be required.• There shall be no development of the site beyond the improvements shown on the submitted Site Plan entitled, "CONDOMINIUM PLAT OF 501 16TH STREET & 1604 BALTIC AVENUE, A CONDOMINIUM", dated March 25, 2014 and prepared by WPL. 2. There shall be no vehicular parking on the concrete driveway directly East of the garage apartment. 3. The applicant shall provide three (3) off-street parking spaces on the site. These spaces shall have minimum dimensions of nine (9) feet by eighteen (18) feet and shall be constructed of concrete, asphalt or other suitable material approved by the Planning Director. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen December 9, 2014 -79- Item -VI-I.4 PLANNING ITEM #64436 (Continued) Voting: 10-0 Council Members YotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Although Mayor Sessoms was absent, he disclosed he is an officer of Towne Financial Services, which is affiliated with TowneBank. The Applicant has e.xtended an equity line of credit for the purpose of renovating the property. Mayor Sessoms, although absent, disclosed the interest and notes, for the record, he would have abstained from voting on this matter. December 9, 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 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 1604 BALTIC AVENUE WHEREAS, Mark Janik, (hereinafter the "ApplicanY") and Susan Heilig (hereinafter the "Owner") have made application to the City Council for authorization to enlarge a nonconforming use located at 1604 Baltic Avenue in the A-12 Apartment District by enlarging the living space of a garage apartment; and WHEREAS, this lot currently contains two detached dwelling units, which are not allowed in the A-12 Apartment District; and WHEREAS, the dwellings were built prior to the adoption of the applicable zoning regulations and are therefore nonconforming; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use of the lot, as enlarged, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth herein below. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "CONDOMINIUM PLAT OF 501 16T" STREET & 1604 BALTIC AVENUE, A CONDOMINIUM", dated March 25, 2014 and prepared by WPL. 2. There shall be no vehicular parking on the concrete driveway directly east of the garage apartment. 3. The applicant shall provide three off-street parking spaces on the site. These spaces shall have minimum dimensions of nine (9) feet by eighteen (18) feet and shall be constructed of concrete, asphalt or other suitable material approved by the Planning Director. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 t h day 49 of December , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin D rtment r C?..1 City At orney's Office CA13176 R-1 November 25, 2014 2 City of Virgiriia BeacAi , . OF OUR Np, l'Otc. VBgOV.COIII WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053644 December 12, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE V I RG INIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 1604 Baltic Avenue. The property is owned by Susan Heilig, and the applicant is Mark Janik. 2. The applicant has advised that TowneBank has extended an equity line of credit for the purpose of renovating the property. 3. I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22"d Street in Virginia Beach. 4. Although I was unable to attend the December 9, 2014, City Council meeting during which the City Council discussed and voted on this item, I nevertheless wish to disclose this interest and note for the record that I would have abstained from voting on this matter. Mrs. Ruth Hodges Fraser -2- December 12, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. ?,. Sincerely, ? William D. Sessoms Mayor WDS/RRI -80- Item -VI-I.S PLANNING ITEM #64437 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of 7-ELEVEN /HOG POST, LLC for a Conditional Use Permit re fuel sales and a convenience store at 1658 Virginia Beach Boulevard DISTRICT 6 - BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 7-ELEVEN /HOG POST, LLC for a Conditional Use Permit re fuel sales and a convenience store at 1658 Virginia Beach Boulevard (GPIN 2407855905) DISTRICT 6- BEACH The following conditions shall be required: With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the site shall be developed substantially in conformance with the Plan entitled "FIRST COLONIAL ROAD, CONDITIONAL USE PERMIT CONCEPT" prepared by Blakeway Corporation and dated 1011412014. 2. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the building, gas canopy and trash enclosure shall be developed substantially in conformance with the elevations entitled "7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA " dated 1011612014 by INTERPLAN. 3. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the signage shall be developed substantially in conformance with the Sign Package entitled "7- ELEVEN #37124 (1026953) FIRST COLONIAL RD. AND VA BEACH BLVD, VIRGINIA BEACH, VA 23454" dated 1011612014 by HARBINGER. 4. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, building materials shall be developed substantially in conformance with the elevations entitled "EXTERIOR MATERIALS SCHEDULE 7-I1 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 1011612014 by INTERPLAN. 5. No outdoor vending machines, ice machines and/or display of inerchandise shall be permitted. 6 All signage on-site shall conform to the sign regulations of the City of Virginia Beach. 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. All outdoor lighting shall utilize LED fixtures, and be uniform throughout the site and be shielded to direct light and glare onto the premises. 8. A formal Landscaping Plan shall be required during detailed Site Plan review per Section SA of the Site Plan Ordinance. December 9, 2014 -81- Item -VI-I.5 PLANNING ITEM #64437 (Continued) 9. The applicant shall post a Performance Bond of an amount to be determined by the Planning Director, or his designee, during detailed Site Plan review for the street front landscaping along Virginia Beach Boulevard. This landscaping shall be planted immediately upon the completion of CIP 2.072 improvements adjacent to the southern property line. 10. The applicant shall preserve the existing tree line along the eastern property line. This Ordinance shall be effective in accordance with Section 107(o of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen Voting: 9-1 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: Mayor William D. Sessoms, Jr. Although Mayor Sessoms was absent, he disclosed he is an officer of Towne Financial Services, which is affiliated with TowneBank. It appears that TowneBank has a lien on the property. Mayor Sessoms, although absent, disclosed the interest and notes, for the record, he would have abstained from voting on this matter. December 9, 2014 City of Virgiriia Beach vBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com December 12, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of 7-Eleven for a Conditional Use Permit for property owned by Hog Post, LLC and located at 1658 Virginia Beach Boulevard. 2. It appears that TowneBank has a lien on the property that is the subject of the application. 3. I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22°d Street in Virginia Beach. 4. Although I was unable to attend the December 9, 2014, City Council meeting during which the City Council discussed and voted on this item, I nevertheless wish to disclose this interest and note for the record that I would have abstained from voting on this matter. Mrs. Ruth Hodges Fraser -2- December 12, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, ? /illiam, D. Sessoms Mayor WDS/RRI -82- Item -VI-I.6 PLANNING ITEM #64438 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, Ciry Council, APPROVED/ CONDITIONED, BY CONSENT, Applications of MIKE O'CONNOR TOWERCO./WILDWOOD PARK, LLC for a Conditional Use Permit re a communications tower at 925 South Military Highway DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of MIKE O'CONNOR TOWERCO./WILDWOOD PARK, LLC for a Conditional Use Permit re a communications tower at 925 South Military Highway (GPIN 1456048084) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: The site shall be developed substantially in conformance with the submitted Plan Package entitled "Queen City/ EV Williams Property" prepared by TowerCo and NB+C Engineering Services, LLC and dated 812712014. This Plan Package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three (3) users in order to provide for future co-location opportunities. A full structural report shall be submitted during detailed Site Plan review. 4. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed Site Plan review. 5. The tower shall be painted a color that will minimize visibility, unless otherwise required by FAA, FCC or other applicable laws and regulations. 6 The maximum height of the tower shall be one hundred (100) feet with a four (4) foot lightning rod. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed Site Plan Yeview. No building permit shall be issued until the tower is determined to be "no hazard" to air navigation. 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 Ninth day of December, Two Thousand Fourteen December 9, 2014 -83- Item -VI-I.6 PLANNING ITEM #64438 (Continued) Voting.• 1 0-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -84- Item -VI-I.7 PLANNING ITEM #64439 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of JERAMY BIGGIE/CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPT., INC for a Conditional Use Permit re a Craft Brewery at 2444 Pleasure House Road DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JERAMY BIGGIE/CHESAPEAKE BEACH VOL UNTEER FIRE AND RESCUE DEPT., INC for a Conditional Use Permit Ye a Craft Brewery at 2444 Pleasure House Road (GPIN 1570501776) DISTRICT 4- BAYSIDE The following conditions shall be required: The site shall be developed in substantial conformance with the submitted Plan entitled "Site Plan Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 1110412014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Road, Virginia Beach, VA " dated 0812912014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Only one (1) delivery truck shall be allowed on the site each week. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to scYeen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space #11 shall be used foY motorcycle parking only. 6. All signage on site shall conform to the Sign Regulations of the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen December 9, 2014 -85- Ite`n -VI-I.7 PLANNING ITEM #64439 (Continued) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -86- Item -VI-I.8 PLANNING ITEM #64440 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, Ciry Council, APPROVED/CONDITIONED, BY CONSENT, Application of FUN SPOT AMUSEMENT, LLC, LILL Y INCORPORA TED OF VIRGINIA, INCfor a Conditional Use Permit re a commercial parking lot at 304, 306, 308 22"d Street DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FUN SPOT AMUSEMENT, LLC, LILL YINCORPORA TED OF VIRGINIA, INCfor a Conditional Use Permit re a commercial parking lot at 304, 306, 308 22"d Street (GPINs 2427089604; 2427089655; 2427180616) DISTRICT 6- BEACH The following conditions shall be required: Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage. 2. Landscaping located within the most northern twenty-eight (28) feet of the site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 3. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of eight (8) feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as pYepared by WPL. 4. The applicant shall provide a six (6) foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the West. Said fencing shall begin at the most northern point of the existing fencing and extend North along the property line until it is even with the front faqade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be four (4) feet tall and extend to the back of the curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 5. A four (4) foot tall ornamental aluminum maintenance free fence, no less than SO% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. December 9, 2014 -87- Item -VI-I.8 PLANNING ITEM #64440 (Continued) 6 This Conditional Use Permit does not include or allow use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 7. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use. Said application shall be accompanied by a Site Plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 8. The exterior of the Attendant Kiosk shall be made of maintenance free materials. 9. No vehicle shall be permitted to enter the commercial parking lot after 11: 00 P.M. The lot shall be secured at all points of ingress and egress, by no later than 12: 00 AM (midnight) and shall remain closed until no earlier than 8: 00 AM. An exception to this condition shall be allowed Friday through Monday during Memorial Day weekend and the Fourth of July when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanftont Resort District. 10. An Attendant shall be on site at all times during operation. 11. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A Photometric Plan shall be submitted during Site Plan review. 12. The gate proposed on 22"d Street shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final Site Plan for approval. 13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan Review. 14. This Conditional Use Permit is approved for a maximum of two (2) years from the date of the City Council approval, with an annual review by the Zoning Administrator or his/her designee to ensure compliance with the conditions approved by Ciry Council. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen December 9, 2014 -88- Item -VI-I.8 PLANNING ITEM #64440 (Continued) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -89- Item -VI-I.9 PLANNING ITEM #64441 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of KWP, IBC, LLC for a Conditional Use Permit re a Veterinary Clinic at 404 Investors Place DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KWP, IBC, LLC for a Conditional Use Permit re a Veterinary Clinic at 404 Investors Place (GPIN 14775071830404) DISTRICT 3- ROSE HALL The following conditions shall be required. The applicant shall submit a Plan to the City Building Official indicating the measures to be incorporated into the interior of the building unit to ensure that the space being occupied is soundproofed from the adjacent building unit. Said soundproofing must be acceptable to the Building Official and Zoning Administrator and installed prior to a Certificate of Occupancy being issued. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen December 9, 2014 -90- Item -VI-I.9 PLANNING ITEM #64441 (Continued) Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Although Mayor Sessoms was absent, he disclosed he is an officer of Towne Financial Services, which is affiliated with TowneBank. The applicant advised TowneBank is the lienholder on the property that is subject of this application. Mayor Sessoms, although absent, disclosed the interest and notes, for the record, he would have abstained from voting on this matter. December 9, 2014 City of Virgirzia Beach , . . rr OF ?UR 0103NS V BgOV . COlll WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053643 December 12, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of KWP, IBC, LLC for a Conditional Use Permit for property located at 404 Investors Place. 2. The applicant has advised that TowneBank is the lienholder on the property that is the subject of the application. 3. I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22°d Street in Virginia Beach. 4. Although I was unable to attend the December 9, 2014, City Council meeting during which the City Council discussed and voted on this item, I nevertheless wish to disclose this interest and note for the record that I would have abstained from voting on this matter. Mrs. Ruth Hodges Fraser -2- December 12, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, l William D. Sessoms Mayor WDS/RRI -91- Item -VI-I.1 D PLANNING ITEM #64442 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council, APPROVED AS PROFFERED, BY CONSENT, Application of DAVID C. and JUDITH L. MARTIN for a Chan e o Zonin rom AG-2 Agricultural to Conditional B-2 Community Business District re a Child Day Care Center on Upton Drive DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DAVID C. and JIIDITH L. MARTIN for a Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District re a Child Day Care Center on Upton Drive (GPIN 2415741747) DISTRICT 7- PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be Yecorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Two Thousand Fourteen Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. December 9, 2014 -92- ITEM VI-J APPOINTMENTS ITEM #64443 BY CONSENSUS, City Council RESCHEDULED the f'ollowing APPOINTMENTS: COMMUNITY SER VICES BOARD HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -93- ITEM VI-J APPOINTMENTS ITEM #64444 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: JANICE P. ANDERSON (Alternate) MYLES POCTA (Alternate) Five year term 011011201 S-12/31/2019 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -94- ITEM VI-J APPOINTMENTS ITEM #64445 Upon NOMINATION by Council Lady Henley, City Cozincil APPOINTED: MICHAEL C. ASHE Three year term 0110112015 -12/31/2017 HISTORIC PRESERVATION COMMISSION Yoting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. December 9, 2014 -95- ITEM VI-J APPOINTMENTS ITEM #64446 Upon NOMINATION by Council Lady Henley, Ciry Coisncil APPOINTED: WILLIAMJ. BRUNKE, IV Unexpired term thru 0813112017 PARKS and RECREATION COMMISSION Voting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Mayor William D. Sessoms, Jr. December 9, 2014 -96- ITEM VI-J APPOINTMENTS ITEM #64447 Upon NOMINATION by Council Lady Henley, Ciry Council APPOINTED: KAREN B. KWASNY DISTRICT 7 - PRINCESS ANNE Four year term 011011201 S-12/31/2018 PLANNING COMMISSION Yoting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 -97- ITEM VI-L NEW BiISINESS ITEM #64448 BY CONSENSUS, Ciry Clerk shall Record.• ABSTRACT OF VOTES November 4, 2014 General Election Voting: 10-0 Council Members Tjoting Aye: Robert M. DyeY, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. December 9, 2014 ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, United States Senate NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ed W. Gillespie - Republican 54602 Mark R. Warner - Democrat 49218 Robert C. Sarvis - Libertarian 2863 Total Write-In votes [From Write-Ins Certifications] 61 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the United States Senate. Ed W. Giilespie - Republican Given under our hands this day of r'1 /_5 t- ?\? ? Chairman Electc,ral Bo ard , sEal ? , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member House of Representatives District: 02 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECElVED (IN FlGURES) E. Scott Rigell - Republican 64615 Suzanne D. Patrick - Democrat 41228 Total Write-In votes [From Write-Ins Certifications] 169 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Totai Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the ofFiciai records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. E Scott Riaell - Republican Given under our hands this %l)` %4 day of i?G?r?? ,?`?? ?- Q?7?' 0, Chairman ? Ce ?r 1 al , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia at the November 4, 2014 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENT QUESTION: Shall Section 6-A of Article X(Taxation and Finance) of the Constitution of Virginia be amended to allow the General Assembly to exempt from taxation the real property of the surviving spouse of any member of the armed forces of the United States who was killed in action, where the surviving spouse occupies the real property as his or her principal place of residence and has not remarried? ToraL Vores RECEIVED (IN F/GURES) 83707 Yes , No 13557 Total Number Of Overvotes For Question 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional amendment. Given under our hands this 90th day of November, 2014. A copy teste: Electoral Board Seal , Chairman :;e Chairman , Secretary ?ctoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - At Large NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) M.Ben Davenport 47853 John D. Moss 47659 Brad D. Martin 39032 George Furman III 11867 Total Write-In votes [From Write-Ins Certifications] 971 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstrac# of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - At Large. 1. M. Ben Davenport 2. John D. Moss Given under our hands this /21 day of A"- , ?_A0- Chairman rE_lecboral Bo s?r? ? Setil r , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Bayside NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FlGURES) Louis R. Jones 68256 Total Write-In votes [From Write-Ins Certifications] 1586 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for 0ffice 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Bayside. Louis R. Jones Given under our hands this /zt day of A4 ":Z- Z??' 1 . Q Q_0 Chairman Elech,ral ? Esoard sEal , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Beach NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John E. Uhrin 69462 Total Write-In votes [From Write-Ins Certifications] 1738 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Totai Number of Overvotes for Office 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Beach : John E. Uhrin Given under our hands this day of h zo, ?- c??, , Chairman 7?? E?? t??i ? Bc, ard S se al f ' ? S ce Chairman ecretary ecretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Lynnhaven NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) James L. "Jim" Wood 69560 Total Write-In votes [From Write-Ins Certifications] 1396 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Lynnhaven. James L. "Jim" Wood Given under our hands this /Q?t day of044e ? _ . G--. Chairman Elecioral Board ? Seal , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Princess Anne NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Barbara M. Henley 65092 Pieri E. Burton 19741 Total Write-In votes [From Write-ins Certifications] 717 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the foliowing person(s) has received the greatest number of votes cast for the Member City Council - Princess Anne. Barbara M. Henlev Given under aur hands this ? day of? Chairman ,. t Boarci ? Seal ? Jice Chairman 3ecretary 3ecretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Rose Hall NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Shannon D.S.Kane 37415 Stephen A. Johnston 13559 Beatrice R. "Petey" Browder 13424 James D. Cabiness II , 13034 Total Write-In votes [From Write-Ins Certifications] 365 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 21 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Rose Hall. Shannon D. S. Kane Given under our hands this /Qit: day of O1& (,Q_d,,?_ CX _ Chairman 4 i [.?i?.?( G?C%?. {,?•? '?? ?'? l' ' L`?'1.??-- o Elec b?rel ? Bo atr3 , /!!0:0?0'1 l Seal Vice Chairman Secretary Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - At Large NAMES OF CANDIDATES ON THE BALLOT Dorothy M. "Dottie" Holtz Ashley K. McLeod Robert N. "Bobby" Melatti Alvenia F. LeBoeuf Osmay Torres Gregg S. O'Neil . . Total Write-in votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 34749 30823 28261 18146 15528 12182 _ 579 5 We, the undersigned Electoral Board, upon examination of the officiai records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - At Large. 1 Dorothy M. "Dottie" Holtr 2. Ashley K. McLeod Given under our hands this day of , Chairman 4 Board ? Seal f , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Bayside NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Carolyn D. Weems 53625 Clenise R. Platt 26160 Total Write-In votes [From Write-Ins Certifications] 273 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Bayside. Carolyn D. Weems Given under our hands this _ day of , 201 4" 0.. ? ? , Chairman -; ???( ?'%?=w'???L? ????? ?.s?_? Electoral? EJ?aT ? ? , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Beach NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Sharon R. Felton 47325 Samuel G. "Sam" Reid 30408 Total Write-In votes [From Write-Ins Certifications] 297 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Beach. Sharon R. Felton Given under our hands this day of 4 ?, _. 1??? l-? . ?? •' ' ?? , Chairman Vice Chairman Electrral ? $o ?rd ., sFal ? ?. v , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Lynnhaven NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Carolyn T. Rye 33493 Michael D. Keliy 33271 Gregg P. Strangways 9242 Total Write-In votes [From Write-Ins Certifications] 274 [Valid Write-ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 8 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Lynnhaven. Carolyn T. Rve Given under our hands this /Qt day of Chairman r Electoral ` Bo ard Se al , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Princess Anne NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Kimberly A. Meinyk 29379 William J. "Biil" Brunke 28147 Frances Knight Thompson 20301 Total Write-In votes [From Write-Ins Certifications] 276 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cierk of the Circuit Court of the election heid on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Princess Anne. Kimberly A. Melnvk Given under our hands this day of ,/?B??1?1?, Chairman rE,I,ecbral U3YC1 Se a ? Vice Chairman Secretary Secretary, Electoral Board -98- Item -VI-M ADJOURNMENT ITEM #64449 Vice Mayor Louis R. Jones DECLARED the Ciry Council Meeting ADJOURNED at 7:18 P.M. Amanda Finley-Ba s, C Chief Deputy City Clerk 4th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Louis R. Jones Vice Mayor William D. Sessoms, Jr. Mayor December 9, 2014