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Home My WebLink AboutDECEMBER 7, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIL IJAM D. Sh,:SSOMS JR., At-Large VICE MAYOR /.OUIS R. JONES, Bayside -District a K/TA SWEET BEL/./TTO, At-Large GI,F,NN R. DAV/S, Rnse Ha!! -District 3 WILL,/AM R. DeSTF.PH, At-Large HARRY F.. D/b'7.F,L, Kempsville -Uistrict 2 ROBERT M. DYER, Centerville - Distrret l BARBARA M. HEN/.F.Y, Princess Anne -District 7 JOHN E. UHR/N, Beach District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Uistrict S CITY COUNCIL APPOINTEES C/TYMANAGER -JAMES K. SPORE C/TY A7TORNF. Y -MARK D. STILES CITY ASSESSOR - JF,'RA/,D BANAGAN CITY A(/DITOR -- LYNDON S. REM/AS CITY C/,F.RK RUTH HODGF,S FRASF,R, MMC II. CITY COUNCIL BRIEFING - Conference Room - A. VOLUNTEER RESOURCES ANNUAL REPORT Mary Russo, Director CITY MANAGER'S BRIEFINGS A. SCHOOLS -MOVING TOWARDS SUSTAINABILITY Clay Bernick, Environment and Sustainability Office Manager Tim Cole, Sustainable Schools Project Manager B. RESTLESS PLANET -Status Report Lynn Clements, Director, Museums and Cultural Arts C. LYNNHAVEN PARKS and RECREATION OFFICES -Nike Site Dave Hansen, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONF,. (757) 385-4303 FAX (757J 385-5669 E-MA/L: Ctycncl@vbgoucom 4:00 PM 5:30 PM CITY COUNCIL AGENDA 7 December 2010 VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever Senior Chaplain, Westminster Canterbury C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES November 23, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARING: 1. REAL/PERSONAL PROPERTY TAX EXEMPTIONS a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to EXEMPT Real/Personal Property Taxes a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation 2. Ordinance to MODIFY $5-M interest-free loan Virginia Beach Rescue Squad purchase ambulance for Rescue Station 14 3. Resolution to AUTHORIZE issuance of VBDA Bonds of $30-M for LifeNet Health 4. Resolution to AUTHORIZE Policy re change of use for Mobile Home Parks 5. Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to~abate BPOL taxes K. 6. Resolution to RECOGNIZE Human Rights/Diversity/provide welcoming/protective environment in Virginia Beach PLANNING 1. ST. ANDREWS UNITED METHODIST CHURCH Modification of Conditions (approved 6/10/68) re additions at 717 Tucson Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 2. EAGLE AUCTION, INC. DB/A TIDEWATER AUTO AUCTION/EAGLE HOLDINGS, LLC Modification of Condition No. 5/ADDING No. 7 (approved 11/14/06) at 656 S. Military Highway (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 3. ZION TEMPLE MINISTRIES COGIC CUP re church at 4992-1 Euclid Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 4. VIBRANT FUNDING, LLC CUP re Automobile Museum to display British sports cars at 410 18th Street (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 5. EDEN VENTURES, LLC CUP re a bar/nightclub at 313 32na Street (DISTRICT 6 - BEACH) RECOMMENDATION -STAFF PLANNING COMMISSION APPROVAL UNDECIDED 6. Resolution to AUTHORIZE Roadside Guide Signs along Shore Drive/Atlantic Avenue/21St/ 25th/83ra Streets (DISTRICT 5 - LYNNHAVEN/DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL L. APPOINTMENTS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CEREMONIAL OATH OF OFFICE MEMBERS OF CITY COUNCIL FORMAL SESSION 6:00 PM JANUARY 4, 201 I THE HONORABLE LESLIE L. LILLEY OFFICIATING CITY COUNCIL RETREAT 8:30 AM - 5:00 PM ;#~ ~~%~~~~ ,{ :. FRIDAY and SATURDAY ~~~~'~ ,~, $~. January 21-22, 2011 ;; ; +~ ~« •<:: ~-~« CONFERENCE ROOM ,~ .- -,,. ~` ` ~~ _~ «~ Suite 1000 "~~'~~' ' 222 Central Park Avenue „~ ~~ _.. ~~r ~ . ~~ ~f • TOWN CENTER ~~ • .~. ,~ ~_~~£. -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 7, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING to present the VOLUNTEER RESOURCES ANNUAL REPORT in the City Council Conference Room, Tuesday, December 7, 2010, at 4:00 P.M. Council Members Present.' Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None Mayor Sessoms requested a MOMENT OF SILENCE in honor of Former Council Member John A. Baum's passing on December 6, 2010. December 7, 2010 -2- CITY COUNCIL `S BRIEFING VOLUNTEER RESO URGES ANNUAL REPORT Annual Statistics and Achievements Fiscal Year 2009 - 2010 -Presentation to City Council December 7, 2010 ITEM # 60468 4:00 P.M Mary C. Russo, Director of Volunteer Resources, stated she was proud to provide the Fiscal Year 2009- ZOIOAnnual Report. The Volunteer program continues to prosper through the dedication of Volunteer citizens and City Staff. The exciting results are that 17,982 Volunteers dedicated 1,378,314 hours in services valued at $19,028,644. This value equates to saving approximately 3.4 cents on each $100 of the Real Estate Tax Rate. i` Excellence . /~ Mrllion dollar Club Fiscal Year 2009/2010 Hours Value Emergency Medical Services 426,975 7,876,253 Sheriff 506,414 5,013,062 Parks and Recreation 160,363 1,638,715 _~_` OverAchieve~s 140 000 & Over ~'~ $_ _,~ • Agriculture •Aquarium & Historic Houses :•Casa •Convention & Visitors Bureau •Fire & VBCERT d•Human Services •Juvenile Court Services Unit •Mayor's Office ~~Pulice Public Lii~'a___ December 7, 2010 -3- CITY COUNCIL `S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM # 60468 (Continued) Performance Fiscal Number of Hours FTE Dollar Value Avoided Year Volunteers Worked Equivalent Rcal Estate Tax Rate 09-10 17,982 1,378,314 661 $19,678,644 <3.4 i Doing More with L,QS.r I' Volgistics features that eliminate many hours of manual record keeping! •Online Application •Volunteer Information Center (VicNet) •Opportunity Directory :•Email • VicTouch ~,.,~~~,~r._~,~~~ -~nn~, December 7, 2010 -4- CITY COUNCIL `S BRIEFING VOL UNTEER RESOURCES ANNUAL REPORT ITEM # 60468 (Continued) Vi.rion.r for the Future of Volunteering • Storytelling •Go Green •Outcome development Our Vision A community where every person is inspired and empowered to contribute to the work of local government. Our Mission To maximize the full potential of Volunteer service by: Promoting awareness of opportunities for people to get involved Fostering effective Volunteer Resource management Documenting the scope and impact of Volunteer engagement Celebrating the contributions and spirit of volunteerism In addition to awards, the Rotary Club honors the Outstanding Volunteer of the Year. Susan Walston, Deputy City Manager and City Manager's appointee to the Volunteer Council, as well as a Volunteer to the Aquarium, assisted with displaying the various items of volunteer recognition. All recipients are recognized in the Spring at the Gazebo in the Volunteer Recognition Garden. Various star awards are given to the Volunteers for twenty, thirty and forty years, as well as Outstanding Youth Awards. A personal Gift Certificate and personal letter, signed by the Mayor are presented to Volunteers who serve anywhere from 500 to 1, 000 hours and above. Mary introduced Kathleen Reed, one of the outstanding Volunteer Resource Managers. Kathleen established the "Schedule Opening" feature. The Aquarium tested the waters this Summer and set up scheduling for their Dolphin Watch Volunteers who use VicTouch and VicNet. December 7, 2010 -5- CITY COUNCIL `S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM # 60468 (Continued) Kathleen will be retiring in January, but promises to continue training as a Volunteer. Across the City all the departments are utilizing Volgistics. Deborah A. Wellington, maintains the data base for Volgistics and provides unselfish dedication. Mary Russo also recognized Mary Freeman, Office Assistant -Office of Volunteer Resources, who provides enormous support and assistance. Councilman Wood referenced the success story of Public Works. When Jason Cosby assumed the Directorship, there were no volunteers, now there are thirty-one (31) December 7, 2010 -6- CITY MA NAGER `S BRIEFING SCHOOLS -MOVING TOWARDS SUSTAINAILITY 4:18 P.M. ITEM # 60469 The City Manager advised the Joint Energy Committee, comprised of the City and Schools, has made tremendous strides in terms of moving toward more sustainable operations. Clay Bernick, Environmental and Sustainability Office Manager, advised Virginia Beach City Public Schools Holistic Approach to: Environmentally Sustainable Practices. Tim Cole, Sustainable Schools Project Manager, described a fairly large `footprint " in this region: 85 schools 1 S, 000 employees 70,000 students 1,800 acres 10-Million square feet oJbuilding space It is important to maintain a planet that is conducive for future generations. There were 3-Billion people on the planet in 1960, 6.8-Billion in 2010 and anticipated 9+-Billion in 1960. Mr. Cole cited the Environmental Goals: Build sustainable buildings Integrate environmentally sustainable practices throughout the School division. Educate the public about the importance of environmental sustainability. Build Environmentally Sustainable Buildings: All new construction projects are designed to the USGBC LEED Silver criteria at a minimum. Currently there are eight projects in carious stages of completion: Hermitage Elementary, 1~`~` LEED certified Elementary School in Virginia Great Neck Middle, under construction (LEED Silver pending certification) Pupil Transportation, under construction (LEED Platinum pending certification) College Park Elementary, under construction (LEED Platinum pending certification) Kellam High School in design (LEED Platinum in Design) Windsor Oaks Elementary (LEED Silver pending certification) Virginia Beach Middle (LEED Silver pending certification) Renaissance Academy (LEED Gold) *LEED -Leadership and Energy in Environmental Design. December 7, 2010 -~- CITY MA NAGER `S BRIEFING SCHOOLS -MOVING TOWARDS SUSTAINAILITY ITEM # 60469 (Continued) Some of the Features at VIRGINIA BEACH CITY PUBLIC SCHOOLS: Rainwater Harvesting Solar Thermal collectors Photovoltaic cells (PV's) Green Roofs Wind Turbines Zero Runoff Sites Daylight Designed Classrooms .~ ~' ~~~~: `~` ,;. ,~ - .s. The building, as a teaching tool, is a key component to educating the public. The kiosk shown here highlights the various environmental features in the building while providing real time energy data at the Renaissance Academy. This data can be viewed online at http://Warwick,technology-view.cona/vbra Signage is also located throughout the building to explain the value of environmental components to students and visitors. December 7, 2010 -8- CITY MA NAGER `S BRIEFING SCHOOLS -MOVING TOWARDS SUSTAINAILITY ITEM # 60469 (Continued) Goal #2: Integrate Environmentally Sustainable Practices throughout the School Division The SSC (Sustainable Schools Committee) was formed in September of 2006 The committee is comprised of representatives from the following departments: Facilities Plannin and Construction Food Services School Plant Curriculum and Instruction Custodial Services Media and Communications Su l Services Sa e Schools Trans ortation Landsca e Services Technolo Parks and Recreation Environmentally Sustainable Practices are outlined in Policy 3-67 of the School Board of the City of Virginia Beach. Heighten awareness about the importance of environmental sustainability throughout the School Division through the curriculum and the promotion of environmental programs and initiatives Educate the Public about Environmental Sustainability Sustainable School Liaison PDP Courses Environmental Clubs (57) Cell Phone Recycling (62) Outdoor Teaching Garden (34) Green Schools Web Page www.vbschools.com/greenschools GreenNews Newsletter Farm to School Safe Routes to School Plastic Cap Recycling Battery Recycling Bike Share Program Sustainability Advisory Team Joint Energy Committee Economic Development Vitality Team December 7, 2010 -9- CITY MA NAGER `S BRIEFING SCHOOLS -MOVING TOWARDS SIISTAINAILITY ITEM # 60469 (Continued) Awards 2010 Sustainable Development Honor Award for Virginia Beach Middle School 2010 Green School Challenge Platinum Award (Virginia School Board Association) 2010 Exhibition of School Architecture Platinum Award (Virginia School Board Association) 2010 Stewardship Recognition Award for Pupil Transportation 2010 Stewardship Recognition Award for Renaissance Academy 2010 Stewardship Recognition Award for Virginia Beach Middle School 2010 Stewardship Recognition Award for Great Neck Middle School 2010 Best Green Organization (Virginia Sustainable Building Network) 2010 Best Institutional Project (Virginia Sustainable Building network) 2009 Certified Green School Division (Virginia School Board Association) 2009 Sustainable Development Honor Award for Renaissance Academy 2009 Sustainable Development Merit Award for Brookwood Elementary School 2009 Sustainable Development Merit Award for Windsor Woods Elementary School 2009 Sustainable Development Merit Award for Windsor Oaks Elementary School 2008 Governor's Environmental Excellence Award December 7, 2010 -10- CITY MANAGER `S BRIEFING RESTLESS PLANET -One Year Status Report 4:35 P.M. ITEM # 60470 Lynn Clements, Director -Virginia Aquarium and Marine Science Center, introduced Fred Napolitano, incoming President -Virginia Aquarium Foundation, John Grosock, Project Manager -Public Works. Tom Fraim represented the Foundation for the project, Russell Turner, worked with Ms. Clements on the Capital Campaign Committee to raise private dollars (~27-Million), Dorcas Helfant -current President - Virginia Aquarium Foundation, and Peter Sollogub, Project Architect. The Mission Inspire conservation of the marine environment through education, research and sustainable practices Mrs. Clements advised there are seventeen (17) Aquariums in the United States, which are in a similar government situation. These Aquariums are located in Atlanta, Chicago, Los Angeles, New York, New Orleans, San Francisco, Seattle, Tampa and Virginia Beach. The new age of the Aquarium is headed not just for education (which is the core mission), but much more is being accomplished in research and sustainable practices. There is evidence that the Aquarium is moving toward becoming a true nationwide known research facility. The Noah National Marine Fisheries Service Section Six Program has awarded the Commonwealth of Virginia, which comes to the Aquarium, a Marine Endangered Species Grant of X4.6-MILLION. This is a grant for a comprehensive study of sea turtles throughout the Chesapeake Bay and Ocean Waters off Virginia. This is a $4.1-MILLIDNFederal grant with a $500,000 match through our Foundation. Peter Sollogub, Architect -Cambridge Seven Associates, advised the involvement of the Community, from the beginning in the early 1980's, is fundamental to this success. The first phase was 1986, with the second phase beginning in 1996. The exhibits of the early 1980's became antiquated, so in the mid 2006, the latest renovation was accomplished. The first exhibits were invigorated into what is now present day. Mrs. Clements advised the hallmark has been to mix live animals with interactive exhibits. Therefore, new exhibits are interactive along with the Aquarium. New interesting and endangered species animals were brought in and tied back to the Virginia Habitat. One of the employees went to Borneo studying crocodiles. Therefore, the Museum is becoming nationally known. Donations were taken to fund the trip. The Aquarium is not just locally, but globally known. December 7, 2010 -11- CITY MANAGER `S BRIEFING RESTLESS PLANET -One Year Status Report ITEM # 60470 (Continued) Restless Planet Highlights Revenue and Attendance July and August were the highest and second highest earned revenue months ever! The First Full Year of Operations since Restless Planet opened: Earned Revenues of $7,245,092 That is $1,815,847 (33%) more than the same period last year Attendance of 649,360! That is 8.9% above the same period last year! Record Breaking Aquarium Attendance for the Months of November 2009 34,502 December 2009 33,216 January 2010 30,847 Museums Stores June 2010: Highest June revenue in Aquarium history $ 167,048 (This is a 10.5% increase over the previous June record which occurred in June 2007- $ 151,178) July 2010: Highest July revenue in Aquarium history and the highest month ever! $ 230,054 (This is a 19% increase over the previous July record which occurred in July 2004 - $193,003) August 2010: Highest August revenue in Aquarium history $ 229,061 (This is a 22% increase over the previous August record which occurred in August 2004 - $188,085) September 2010 : Highest September revenue in Aquarium history $ 86,022 (This is a 12% increase over the previous September record which occurred in September 2009 - $ 76,741) December 7, 2010 -12- CITY MANAGER `S BRIEFING RESTLESS PLANET -One Year Status Report ITEM # # 60470 (Continued) Memberships and Public Relations Membership Revenues reached a record $657,764! That is a 71 % increase ($273,179) since Restless Planet opened! Memberships have increased from 4,900 to 8,200 households - a 60% increase! Collected Admission Taxes $524,919 That is a 25% increase ($128,843) since Restless Planet opened! The Restless Planet opening received more than $1 MILLION in media coverage value, including Canadian publications and a WashingtonPost.com article worth $190,645! What's Next Aquarium and Owl's Creek District Plan December 7, 2010 -13- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE 4:58 P.M. ITEM # 60471 David Hansen -Deputy City Manager, spoke re the Lynnhaven Parkway Parks and Recreation Facilities Initiative to construct New Facilities, relocate Parks and Recreation activities and, remove the Industrial and Government Activities from the residential neighborhoods Top 13 May 2007 1) Replace Animal Control and K-9 Unit 2) Replace City Wide Programs Office 3) Relocate Resort Maintenance Compound away from 14th Street 4) Construct Large Vehicle Repair Shop at Leroy Drive S) Replace Euclid Yard Buildings 6) Relocate Emergency Medical Services Administration Building/Treasurer's Beach Branch 7) Replace Thalia Fire Station 8) Construct Special Ops/Evidence/Forensics Complex at Leroy Drive 9) Replace Parks and Recreation Landscape Services/Parks Construction Facilities 10) Replace Chesapeake Beach Fire Station 11) Replace Police 4lh Precinct 12) Replace Public Works Highways Modular Buildings at Landstown 13) Replace Blackwater Fire Station December 7, 2010 ~,~~-~;,~~ Parks and Recreation -Citywide Services }}~~ 7 ry ~ ~; S1.R ~ } ~'hr N~ -14- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE ITEM # 60471 (Continued) History of the Parks and Recreation Property (on Lynnhaven Parkway) - Nike Battery N-36 facility (D-VA-557) was one of many Nike Missile sites constructed in the late 1940s - February of 1967 the US Government made a restricted (Parkland/Open Space usage) quitclaim deed of these properties to the City of Virginia Beach - Parkland usage restrictions remain in effect at both Lynnhaven sites City Needs - Modernize Parks and Recreation City-wide to accommodate City-wide programs - Relocate to a compatible site - Right-size to meet both current and future needs of P&R programs - Relocate an industrial operation out of a residential area - Redevelop Lynnhaven sites into a community accepted use Modernization Strategy - Approach Federal Government to remove the deed restrictions - Refine Parks and Recreation requirements - Develop financing strategy utilizing real estate portfolio while maintaining the City's asset value December 7, 2010 ~`~~''~'~ Parks and Recreation -Parks Maintenance ~ _ ~" ilk ~ ,.;'~ . ~...~ -15- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE ITEM # 60471 (Continued) Modernization Strategy: Actions to Date DOI-USNPS memo received by Facilities Management on Oct 17, 2007 detailing necessary steps. ~__.--z ~; ~ United States Department of the Interior : ~ ^^~, ~~ ~: NAT70NA1. Y1[tk $NRVIC'E ~..£,_,.. -` &:mthewrt ReyJonal Offiu~ Atlanta F'edenil C:entcr +924 FSa ilding ion Alnbmrul St., SW. In NI~ N ~n~ r1 V HI~~ ArW rLta, Gex~rt;in ;;tl;SU3 . . . . ti7417 (SHRO-RC') D-VA-SS7 (AKOber I5, 2007 ~. ~ -' ~ Mr. F3urry Shockley U ~ -~~ ~~ ~'~~ u RactliUes Management Office Municipal C]entar, E;wilding 18 OCT 1 7 - ~ 242A Courthouse Drive r~ Virginia F3each, VirginitL 234J6 FACN.IT~ES h r E"EN fffC" ~ 1 /Y ~~, f^ •*~tiv~NJ Conveyance of Deed Restrictions with Federal Government request must include: - A boundary survey of both properties (Restricted and Proposed Exchange property) - A fair market value appraisal for all properties - A Phase I environmental assessment -Replacement property must be environmentally safe - An environmental assessment document for the total land exchange describing the environmental effects of the proposed development -Phase II Environmental Assessment - The Environmental Assessment must clearly evaluate the environmental effects of all related uses for each property - An analysis by the City of the public park and recreation potential of the proposed alternative parcel(s) - A location map, legal description, program of utilization, and development schedule for the replacement parcel(s) - City Council Ordinance releasing the easement and transferring the encumbrance to a new recreational area Modernization Strategy Actions to Date - Conducted Phase I and Phase II Environmental Assessment of both Lynnhaven sites - Completed appraisals on both sites - Completed NEPA document - Purchased exchange sites from Norfolk and private ownership - Conducted Phase I Environmental Assessment on exchange site - Submitted packet to DOI-USNPS for their review in August - Continue conducting public meetings with civic organizations - Refining Parks and Recreation requirements December 7, 201 D -16- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE ITEM # 60471 (Continued) Modernization Strategy: Items Remaining City Council permission to conduct a Public Hearing and present an Ordinance to release and transfer the recreational easement Finalize the historic building documentation L4W Virginia DHR direction Council permission to pursue a modernization strategy for constructing new facilities, relocating Parks and Recreation activities, and remove the industrial and government activities from the residential neighborhoods Lake Lawson and Lake Smith Natural Area ~: 40 acres of 1Nooded, Waterfront Acquired Through . City's Qpen ,Space Program from ~Q:Ob -, „~,:, December 7, 2010 -17- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE ITEM # 60471 (Continued) Consolidation of Landscape Management Functions- Phase 1 2150 Lynnhaven Parkway ._ 4141 Dam Neck Road Lynnhaven Yard Landscape Management A. B. Landscape Management Division will relocate approximately 53 personnel from Lynnhaven Yard facility (21 SO Lynnhaven) to Landscape Management facility at 4141 Dam Neck Road for a facility that provides landscape management of all City and School sites and landscaped roadways in the centraUsouthern two-thirds of the City Current functions on the site include a mechanic's shop, a welding shop, a carpenter's shop, administration offices, storage space for a variety of materials and equipment, stock pile areas, parking for utility vehicles and other miscellaneous functions. These functions will need to be moved to the new site This relocation will require an addition to the building along with some reprogramming. The study team will need to look at the overall staffing and consequent programming in a holistic fashion Consolidation of Parks and Recreation Management Functions -Phase 2 Princess Anne Commons Existing: 2189 Lynnhaven Landstown Road at Parkway (Phase I) Dam Neck Road December 7, 2010 Landscape Management Facility Phase 1 Requirements -18- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE ITEM # 60471 (Continued) Parks and Recreation Management Services Consolidated Phase 2 Requirements Parks & Recreation Administration will relocate approximately 116 personnel to a centralized location in the Princess Anne Commons area to consolidate the following public service junctions: ^ Programming & Operations -Management of all Parks and Recreation center operations and programming ^ Athletic field and courts assignment/programming ^ Special events permitting ^ Director's Office and Business Systems -Accounting of revenue%xpenditures, procurement, personne[/Volunteer Resources ^ Resource Development ^ Planning, Design and DevelopmendCapital Improvement Program Management ^ Out-of-School-Time Management A. Construct 15,000 square feet to accommodate 76 personnel from the City-Wide office and a few staff at various temporary locations B. Construct S, 000 square feet of storage facility C. Construct 12, 000 square feet to accommodate 40 personnel from the Municipal Center (Buildings 19 & 21) City policy requires the buildings be LEED certified Alternatives - Traditional Two Step Alternative: Sell property first. Temporarily relocate P&R Activities. Appropriate additional funding. Follow standard competitive procurement for design and construction. - New Initiative One Step Alternative: Take advantage of PPEA to swap land for newly constructed buildings. Market scope of the new facilities and provide detailed information of the land to be used in trade. Upon receipt of a private proposal, present to City Council for competitive process approval Advantages of the PPEA Initiative Land Trade for New Construction - Allows City to use its real estate holdings in trade for construction of new facilities - Avoids incurring an appropriation and long term debt - Allows staff to develop the initiative outside the budget cycle - Provides for a best value selection versus low bid - Enables developer/builders to maximize their innovation and efficiencies, creative private financing and design-build contracting in submitting their proposal and delivering a quality product in a timely manner - Detailed Phase submissions clearly identify conformity to desired scope - Using a phased approach can incentivize interested participants - Relocates industrial operations away from residential neighborhoods - Better than reasonable assurance of a fair return in that government estimate of new construction exceeds appraised land value to be traded - Improved marketability with the FY14 construction of Lynnhaven XI - Initiates a positive action to improve working conditions and service delivery for our staff and our citizens December 7, 2010 -19- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE ITEM # 60471 (Continued) Disadvantages of the PPEA Initiative - Attempts something new in using the State Code which authorizes the City to undertake a land swap - May limit pool of interested developer/builders Request of City Council - Authorize a Public Hearing re: releasing recreational easement and transferring it to the Lake Lawson and Lake Smith Natural Area (14 December) - Authorize Staff to bring forth an Ordinance for City Council's review and possible approval following the Public Hearing (14 December) - Authorize City staff to continue developing the initiative (land swap for new Parks and Recreation facility construction) in order to generate sufficiency of private interest resulting in the receipt of a PPEA proposal for City Council to consider BY CONSENSUS, a Public Hearing re: releasing recreational easement and transferring it to the Lake Lawson and Lake Smith Natural Area and an Ordinance shall be SCHEDULED for the City Council Session of December 14, 2010. December 7, 2010 -20- CITY COUNCIL COMMENTS 5:44 P.M. ITEM # 60472 Councilman DeSteph referenced the "Pearl Harbor Remembrance" Ceremony today at Little Creek in honor of the Survivors. ITEM # 60473 Council Lady Bellitto advised she served as Guest Speaker at a DARE Graduation Ceremony last week at Windsor Woods Elementary School. Those enterprising fourth graders took the opportunity to lobby Council Lady Bellitto to be sure the DARE program was not cut from the budget. Two of the fourth grade sessions wrote a letter to all Council Members, which were signed personally by each student. The City Clerk shall makes copies of the correspondence and provide these to City Council December 7, 2010 -21- AGENDA REVIEW SESSION 5:38 P.M. ITEM # 60474 4. Resolution to AUTHORIZE a City Council Policy re a change of use for Mobile Home Parks A speaker registered re this item. ITEM 60475 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to EXEMPT Real and Personal Property Taxes a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation 2. Ordinance to MODIFY a $S-Million interest free loan to the Virginia Beach Rescue Squad for the purchase of a new ambulance for Rescue Station 14 3. Resolution to AUTHORIZE issuance of Virginia Beach Development Authority (VBDA) Industrial Development Revenue Bonds in the amount of $30-Million for LifeNet Health 5. Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to abate Business, Professional and Occupational License (BPOL) taxes during the first two license years of a business 6. Resolution to RECOGNIZE Human Rights and the Diversity by providing a welcoming and protective environment in Virginia Beach December 7, 2010 -22- A GENDA REVIEW SESSION ITEM # 60476 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of ST. ANDREWS UNITED METHODIST CHURCH for Modi ication of Conditions (approved 6/10/68) to allow three additions at 717 Tucson Road (DISTRICT 2 - KEMPSVILLE) 2. Application ofEAGLEAUCTION, INC. D/B/A TIDEWATER AUTO AUCTION/EAGLE HOLDINGS, LLCfor Modification of Condition No. S and ADDING No. 7 (approved 11/14/06) re lighting and fixtures at 656 S. Military Highway (ni CTA7r'T 7 AA7A7!'&'OQ AT/T7G') (DISTRICT 2 - KEMPSVILLE) 3. Application of ZION TEMPLE MINISTRIES LOGIC for a Conditional Use Permit re a church at 4992-1 Euclid Road (DISTRICT 2 - KEMPSVILLE) 4. Application of VIBRANT FUNDING, LLCfor a Conditional Use Permit re an Automobile Museum to display British sports cars at 41018`" Street (DISTRICT 6 - BEACH) 5. Application of EDEN VENTURES, LLC for a Conditional Use Permit re a bar and nightclub at 313 32"d Street (DISTRICT 6 -BEACH) 6. Resolution of FIRST LANDING FOUNDATION to AUTHORIZE five (S) Roadside Guide Signs along Shore Drive, Atlantic Avenue, 21 r`, 25`" and 83'd Streets (DISTRICT S - LYNNHAVEN and DISTRICT 6 -BEACH) Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's discussion and vote on the application of the Trustees of St. Andrews United Methodist Church for modification of a conditional use permit for property located at 717 Tucson Road. The applicant has employed JD & W, Inc., to construct the additions that are the subject of the application. Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood DISCLOSED this interest and will ABSTAINfrom voting on this matter. Councilman Wood's correspondence of December 7, 2010, is hereby made a part of the proceedings. Item K.S (EDEN VENTURES, LLC) shall be WITHDRAWN, BY CONSENT, as per request of applicant. Council Lady Henley will vote a VERBAL NAY on Item 6. (First Landing Foundation) Item 6 (First Landing Foundation will be ADOPTED, BY CONSENT, AS AMENDED, with five (S) Roadside Guide Signs. December 7, 2010 - 23 - ITEM # 60477 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at S: 45 P.M. Voting: I 1-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: S: 45 P.M. - S: SS P.M.) December 7, 2010 -24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 7, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 7, 2010, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Reverend Richard Keever Senior Chaplain, Westminster Canterbury Reverend Keever presented a MOMENT OF SILENCE in honor of Former Council Member John A. Baum's passing on December 6, 2010. PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved- in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ 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 7, 2010 - 25 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the off cial records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband 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 ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.Ianuary 27, 2004, is hereby made a part of the record. December 7, 2010 -26- Item V--E.1 CERTIFICATION ITEM # 60478 Upon motion by Councilman Wood, seconded by Councilman Dyer, 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: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 o - s ~; % 9 Qrs ~-_._- a e" ~F OUR NPI~Ut~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #60477, Page 23, 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 Ciry 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 Ciry Council. th Hodges raser, MMC City Clerk December 7, 2010 -27- Item V-F.1 ITEM # 60479 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 23, 2010. Voting: I1-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 -28- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60480 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 7, 2010 -29- Item V H.l. PUBLIC HEARING ITEM # 60481 Mayor Sessoms DECLARED A PUBLIC HEARING: REAL and PERSONAL PROPERTY TAX EXEMPTIONS a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 7, 2010 -30- Item J. ORDINANCES/RESOLUTIONS ITEM # 60482 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1.1 a/b/c, 2, 3, S and 6 of the CONSENT AGENDA. Item 4 (City Council Policy re Mobile Home Parks) was pulled for discussion as speakers were registered. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None December 7, 2010 -31- Item J 1. ORDINANCES/RESOLUTIONS ITEM # 60483 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to EXEMPT ReaUPersonal Property Taxes a. Aragona-Pembroke Little League, Inc b. ORPHANetwork c. T.D. Edwards Foundation Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None December 7, 2010 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 AN ORDINANCE TO DESIGNATE ARAGONA- PEMBROKE LITTLE LEAGUE INC. AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to Aragona-Pembroke Little League Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aragona-Pembroke Little League Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned byAragona-Pembroke Little League Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Aragona-Pembroke Little League Inc. for exclusively charitable purposes; (b)that each July 1, Aragona-Pembroke Little League Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Aragona-Pembroke Little League Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Aragona-Pembroke Little League Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the stn day of nAramhr~r, 2010. Requires an affirmative vote ofthree-fourths of the members of the City Council. APPROVED AS TO CONTENT: . • . ^~ Commissi ne the Revenue CA11593 R-2 November 16, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ey's Office ENTITY NAME Aragona Pembroke Little League Inc. T/A Aragona Pembroke Little League 595 De Laura Lane Virginia Beach, VA 23455 Website http : //www. eteamz. com/AragonaPembroke/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Aragona Pembroke is one of the oldest little leagues in the City of Virginia Beach, with 50 years of service to the youth of our community. Children age 4 through 181earn the fundamentals of teamwork, discipline, character, loyalty and how to have fun. This league offers tee ball, softball, baseball, and Challenger divisions in both the spring and the fall. TAX IMPACT Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property 595 De Laura Lane Assessment: $ 491,000.00 Tax: $4,369.90 RELEVANT INFORMATION IRS Granted 501 (c) 3 status -January 12, 1998 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 AN ORDINANCE TO DESIGNATE THE ORPHANETWORK AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to ORPHANetwork. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates ORPHANetwork as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by ORPHANetwork located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property ORPHANetwork for exclusively charitable purposes; (b) that each July 1, ORPHANetwork shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, ORPHANetwork shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that ORPHANetwork cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the qtr day of December, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: . . --~-~r Commissioner o e Revenue CA11744 R-1 November 9, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ity e s Office ENTITY NAME ORPHANetwork l 500 N. Great Neck Road Virginia Beach, VA 23454 Website: httn://www.ornhanetwork.or SUMMARY OF NONPROFIT BUSINESS ACTIVITY ORPHANetwork is a 501(c)(3) organization with a mission of helping orphaned and vulnerable children. Today, ORPHANetwork partners with orphanages, community outreach programs, and feeding center projects. They have also developed relationships with other Nicaraguan organizations who demonstrate their heart for vulnerable children through running Christian-based orphanages. The Network creates programs to help kids transition frou~ orphanages into the world as successful adults who have the training, education and a foundation in the Christian faith to fulfill their potential in their communities and beyond. The mission of ORPHANetwork is simply to: Rescue abandoned children; Prevent at-risk children from being abandoned; Create the opportunity for a new life; Share Christ with everyone. TAX IMPACT Business Property: Assessment: $1910.00 Tax: $70.68 Personal Property Assessment: None Tax Real Property Assessment: None Tax RELEVANT INFORMATION IRS Granted 501 (c) 3 status -March 7, 2002 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 AN ORDINANCE TO DESIGNATE T.D. EDWARDS FOUNDATION AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to T.D. Edwards Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates T.D. Edwards Foundation as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by T.D. Edwards Foundation located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property T.D. Edwards Foundation for exclusively charitable purposes; (b) that each July 1, T.D. Edwards Foundation shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, T.D. Edwards Foundation shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that T.D. Edwards Foundation cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of December, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: . • -~~ Commissioner he Revenue CA11745 R-1 November 9, 2010 APPROVED AS TO LEGAL SUFFICIENCY: y rney's Office ENTITY NAME T. D. Edwards Foundation (TDEF) 803 Mission Ave Virginia Beach, VA 23462 Website http://tdedwardsfoundation.or~/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Mission Statement: To inspire young lives of today to be-great achievers of tomorrow through empowerment resources and em•ichment programs that reinforces positive social, emotional, and cognitive experiences in life. The foundation provides free open-education tools and resources in a virtual environment though the TDEF website, Peer-to-Peer University, and Secondlife.com. All available resources can be viewed on screen or downloaded at no cost. Existing topics include faith based initiatives, social economical improvement, family, relationship, and entrepreneurship. The TDEF has recently started a new pilot project called "Mat Ambassadors Club". The wrestling club targets a variety of youth with diverse backgrounds such as those who reside in underserved communities or inexperienced youth who are unfamiliar with the sport. The program allows children to burn off extra energy, shed a few pounds if needed; and interact with other children in a positive environment and a "different crowd" for a while. The club meets at the Greenbrier Family YMCA. Through collaborative efforts, members are also able to participate along with other youth in the Great Neck Wrestling Club, Beach Boyz Wrestling Club, and Mat Rats Wrestling Club, which are all located in Virginia Beach. More information can be found at http~//www.eteamz.com/mat-ambassadors/ TAX IMPACT - Business Property: Assessment: $698.80 Tax: $25.86 Personal Property Assessment: None Tax Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status -November 6, 2006 City Hall Virginia Beach, VA 23456-9002 Philip J. Kellam Commissioner November 9, 2010 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxed. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemptionZ. On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: Orphanetwork T. D. Edwards Foundation After reviewing each application and meeting with representatives of the applicants, I can report the following applicants qualify for exemption from real property taxes: Aragona Pembroke Little League Inc. 1 am available if you have questions or concerns regarding the recommendations. Sincerely, • Phili J. Kellam Commissioner of the enue F,nclosures Code of Virginia 58.1-3651 ' ORD-27981 ' (~RD-3009K o ir~L . ;~' •f 01 OVI 1.1.0 ~~~ Cat Council Po.~c y .v Original Proposal Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organisations from real and personal property taxes. Need Ciry Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy The Ciry Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the Ciry Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that wil! result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 :of 4 The organization must be exempt from federal income tax pursuant to Intema! Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all Ciry ordinances and regulations (including ' but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Polio 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may betax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the Ciry Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under Iaw and Ciry policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The Ciry Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shaIl be effective as of the next January 1. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of Ciry Council. 4.0 Responsibility and Authoritx„ Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the Ciry Council's agenda for a vote on proposed exemptions shall rest with the Ciry Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccuncil Policy Regarding Applications for Tax Exemption by Design;uion Date of Adoption: ?ebruary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BF;NEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 ecific Re uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentaticm forwarded to the City Council shall include submission of an application form in form and sut~stance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. -32- Item J 2. ORDINANCES/RESOLUTIONS ITEM # 60484 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to MODIFY the $S-Million interest-free loan to Virginia Beach Rescue Squad for the purchase of an ambulance for Rescue Station 14 Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 7, 2010 1 AN ORDINANCE TO MODIFY THE $5,000,000 2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD 4 5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia 6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and 7 construction of a new building; and 8 9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated 10 September 5, 2007, in the amount of $5,000,000; and 11 12 WHEREAS, the City and the Rescue Squad desire to modify the payment due on 13 September 5, 2011, add an additional payment of $250,000 to be paid on or before 14 September 5, 2018, and change the "Maturity Date," as that term is defined in the Note, to 15 September 5, 2018. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That, subsequent to execution of same by the Rescue Squad, the City Manager or 21 his designee is authorized and directed to execute an amendment to the Note to change the 22 payment due on September 5, 2011, to add a payment due on September 5, 2018, and to 23 change the "Maturity Date" of the Note. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of neremher 2010. Approved as to Content: mergency Medical Services Approved as to Content: ~_ ~~ Management Services Approved as to Legal Sufficiency: ~~ ~ r ey's Office CA11753 R-1 November 29, 2010 AMENDMENT TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before September 5, 2008 - $500,000 On or before September 5, 2009 - $500,000 On or before September 5, 2010 - $500,000 On or before September 5, 2011 - $~AAB 250,000 On or before September 5, 2012 - $500,000 On or before September 5, 2013 - $500,000 On or before September 5, 2014 - $500,000 On or before September 5, 2015 - $500,000 On or before September 5, 2016 - $500,000 On or before September 5, 2017 - $500,000 On or before September 5, 2018 - $250,000 2. The "Maturity Date" shall be September 5, 2018. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signature. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: ~ ~,~\~~ Title: ~ Date: l(-3U i G APPROVED AS TO LEGAL SUFFICIENCY: ' r, -33- Item J 3. ORDINANCES/RESOLUTIONS ITEM # 60485 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE issuance of Virginia Beach Development Authority (VBDA) Industrial Development Revenue Bonds of $30-Million for LifeNet Health Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 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 RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $30,000,000 INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS (LIFENET HEALTH PROJECT), SERIES 2010 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of LifeNet Health (the "Company") for the issuance of the Authority's industrial development revenue and refunding bonds in an amount not to exceed $30,000,000 (the "Bonds") to assist the Company in financing (A) the acquisition, construction and equipping of a new high technology science building for research and development and diagnostic testing, containing two floors and no less than 40,000 square feet, together with related site work and parking on a 6.53 acre parcel located adjacent and contiguous to the Company's primary place of business located at 1864 Concert Drive, Virginia Beach, Virginia 23453 (the "Existing Facility") (collectively, the "Project"), (B) the current refunding of the outstanding principal balance of the Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds") which were issued to finance the Existing Facility (the "Refunding") and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance"); and WHEREAS, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the City Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: 1. The City Council of the City of Virginia Beach approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $30,000,000 to carry out the Plan of Finance. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to the Act, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the resolution, the City Council of the City of Virginia Beach, Virginia including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or 46 47 48 49 50 51 52 consequential, resulting from the Authority's failure to issue Bonds for the Plan of Finance for any reason. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7+-h day of December , 2010. APPROVED AS TO CONTENT: l f t f .~' Economic Development CA-11669 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D023\P009\00081050.DOC R-1 November 23, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ~-`mi`l/' s .. - -- City Attorney's Office --_ - -_ aro~ ~Mxr ss~axn+ W ~: m H v ~ ~ :~ ~ ~ ~ ~' ~ ,, ~ 0. Z ~ ~ ,~ ,~ ~ M Z -=- _, ~~{` m ~ __ ~ ~ a '~ -.. - .. _ f Y `fin S or ~; ~' _ - A ~,1 ~ M `I i y -~• -~- ~ ~ k a 7 - _ ___ u r . ~ ~ f- ~ t r ,~ y ~ ~ , • ,~ .. ~= . c ~~ 1 ~ ~ i i~'. _ ~~ ,~ '~ ~ ~_~ .,--- ~. ~`• a ~r -a _ ~ _ ~ A: V +~ ~ w 7i~ ~^ a ~~ e ~ ~ ~ ~ i ~ __ d ~ ~ ~ _ ~ ~ =>p~ I ~ _.~! t W J ~ ~ ~ ~ t . a W ~ ~ s -' W i :° ~ _ W o W tf .W J VIRGINIA BEACH DEVELOPMENT AUTHORITY November 23, 2010 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: LifeNet Health Industrial Development Revenue and Refunding Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of LifeNet Health's application for the issuance of industrial development revenue and refunding bonds in the amount of $30,000,000 for the project located at 1864 Concert Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. JWR/AWS Enclosures 222 Central Park Avenue, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 '~~mooac~ ~°a~',-g^a~m ,-~'m'c '_zNCL•* ~ «-mc~wau a r¢ J ~~ G?~r ~ i" a F ~~ ~ .-. n ~ ",.mow c ~ ~ n :; ~ ~ mu"~"d'~c L ~ C• ~ m N q a - ° a £ ~ -~ fit.-$ LL. O l'J ~~, , a • WOO 1 e, ~..m ' ~~ ~- Eo•- m : _ -- v CSCr~ ~W un a yy a -' a u~ mrcti 1 ~ i i i ~ ~ ~ a zB~r'sY i, ri>tu«:=in~°+~--'«m°o5 ~ c:. ~m .u"~°~-.. ~.: ~''.. r":o~m .~u Y.n~« ~n z 0 H a~v ~ H"zH .~ aH~ a 1 c~ m I 0. ~ H~C -~ H O 1-- ~ ~aa ~ W O ~ O1 ~z~ E Q ~'i 'tU ua~ u ~aXN a ~ ~ N z ~b oa+~ w 3oH o v >, ca o ,~ U a•~+~~ orouNro v ro ,~ ~ a •~+ ~ R, A ~ N Z ~ q - w ~' ~ ~ • X N ~ N O ~ *d w ~+ Oa R;'+ a ~ c ~ uromro~~ b•~ M O -H •rt S.L O Ord rd 2S rct U W N W f'. UJ U 'Zi C. •rl Rf N 3bU3 rt3s~" ~ ~ t-i w •ri N r ro v 67 rl -rf b w x ~~ ro ~~~+ ~a~oruv ~l a, U F.C m N c~ o -~ N •.~ w ro ,~ G ,Y ~ N • • a~ ~ ~r w w ,~ to O 6-~ ~ o E+•~ W o. W orn cn r-i -~~ ?+N b7 C U O ro~~ U Ul rl cnr:-~,~ •~H tiNUW~,N ~~ ~ H ~ H WJH U roNoS~ w 7y Z3~roro a~ ~ z ow rovro-~•~ICa~3s;o ,.a H N P; W C '0 ~ O ~ C •ri CL ~ -~ N rtl H `.] N H t1; ~ (d ~rl •ri RS 0 rl ,S~ Q1 3 U] N 7 tq L1 y, N N N tT b` - uI ~ Q .4 rn H N O c-I ,~ ca m } a x C n ~~ (A N N a .v ~ . ~~°~ 0 z W z H a w a i 1 I I O O I ift ~-I I • ~ I 'd' N i d+ ~-I .-~ \ I .-I I ~ ~ 1 ~ .. H x OUO a ~w ~ E [+ ro -~ w w rtl N ~] Sa N -- 'r'di N rC} r-I q u~ rd d~ ~~ ro .. m .~ --~ i.s • 0 G ~ O 0 N U w N O N }-I ~v q 7, ro ~~ t,~ >~ ~- Q1 0 ~ ~~ 0 w ,4 w {!;~o Q \± NF ~ ~. '~ Ql •~ rU ~~ U v N ~i .~ r-I ,-I O N H M }i v A 0 U U O N N ~a .n~' N 0 .~ m .~ 0 U .u O `~' ~ ~~aTuX~ Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $30,000,000 Industrial Development Revenue and Refunding Bonds (LifeNet Health Project), Series 2010 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing at 8:30 a.m. on November 16, 2010 at the offices of the Authority on the request of LifeNet Health (the "Company"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individuals appeared before the Authority: Gordon Berkstresser, Chief Financial Officer of LifeNet Health William W. Hamson, Jr. of the law firm of Williams Mullen, Bond Counsel Mr. Hamson gave a brief description of the Plan of Finance (below defined). He described the application and plan of financing of the Company, whose principal place of business is located at 1864 Concert Drive, Virginia Beach, VA 23453, for the issuance of the Authority's Industrial Development Revenue and Refunding Bonds (LifeNet Health Project), Series 2010 (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $30,000,000 to assist the Company in financing (A) the acquisition, construction and equipping of a new high technology science building for research and development and diagnostic testing, containing two floors and no less than 40,000 square feet, together with related site work and parking on a 6.53 acre parcel located adjacent and contiguous to the Company's existing facility (the "Existing Facility") at 1864 Concert Drive in Virginia Beach, Virginia (collectively, the "Project"), (B) the current refunding of the outstanding principal balance of the Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds") (the "Refunding") and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance"). Mr. Hamson and Mr. Berkstresser answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City of Virginia Beach City Council (the "Council") approve the issuance of the Authority's Bonds in an amount not to exceed $30,000,000 and hereby transmits the Fiscal Impact Statement to the Council, and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 7971 163_2DOC Exhibit C RESOLUTION OF INTENT OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, LifeNet Health, a Virginia non-profit, non-stock and non-member corporation (the "Company"), which is exempt from federal income taxation as a charitable organization pursuant to Section SOl(c){3) of the Internal Revenue Code of 198b, as amended, has applied to the City of Virginia Beach Development Authority (the "Authority"} for the issuance of the Authority's revenue and refunding bonds (the "Bonds") in order to finance (A) the acquisition, construction and equipping of a new high technology science building for research and development and diagnostic testing, containing two floors and no less than 40,000 square feet, together with related site work and parking on a 6.53 acre parcel located adjacent and contiguous to the Company's existing facility (the "Existing Facility") at 1864 Concert Drive in Virginia Beach, Virginia (collectively, the "Project"), (B) the current refunding of the outstanding principal balance of the Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "?004 Bonds"} (the "Refunding") anal (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance"); and WHEREAS, the Company, in its application, discussions and appearance before the Authority has described the benefits of the Plan of Finance to the City of Virginia Beach, Virginia (the "City") and the Authority; and WHEREAS, the Company has requested the Authority to agree to issue the Bonds in an amount now estimated at $30,000,000.00 (the "Bands") to achfeve the Plan of Finance; and WHEREAS, the Authority is empowered to issue and sell bonds, lend the proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with all powers necessary to enable it to accomplish its purposes, which purposes and powers are 1 enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title I5.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, a public hearing with respect to the Plan of Finance and the issuance of the Bonds has been held on November Ib, 2010, as required by Section 1470 of the Internal. Revenue Code of 198b, as amended (the "code"}, and by Section 1.5.2-4906 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The Authority finds that (i} the acquisi#ion, construction, equipping and operation of the Project will increase annual employment, stimulate the local economy and increase the tax base, (ii) providing financing for the Project will be in the public interest and will benefit the inhabitants of the City and the Commonwealth of Virginia, (iii) providing financing for the Refunding will be in the public interest and will benefit the inhabitants of the City and the Commonwealth of Virginia and (iv} the issuance of the Bonds will be consistent. with the purposes of the Act and the powers of the Authority. 2. To assist the Company with respect to the Plan of Finance, the Authority agrees to undertake the issuance of the Bonds in an amount not to exceed ~30,000,0OO.OU on terms and conditions to be mutually agreed on between the Authority anal the Company. The proceeds from the sale of the Bonds will be loaned to the Company pursuant to a loan agreement and related documents which will provide payments to the Authority cuff cient to pay the principal of and premium, if any, and interest on the fonds and to pay all other expenses in connection with the Plan of Finance. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by, among other collateral, an assignment, for the benefit 2 of the holders of the Bonds, of the Authority's rights to payments under such loan agreement and will be additionally secured by a deed of trust on the Project and the Existing Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, construction and equipping of the Project and the Refunding, the Authority hereby agrees that the Company may proceed with. the Plan of Finance, enter into contracts for the acquisition, construction and equipping of the Project and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Plan of Finance. The Authority further agrees that the Company maybe reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it prior to the adoption. of these resolutions. 4. 'The Authority hereby agrees to the recommendation of the Company that Williams Mullen, a professional corporation, Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the selection of a purchaser far the Bonds or the appointment of a placement agent ar underwriter for the sale of the Bonds anal a remarketing agent for the remarketing of the Bonds pursuant to teens to be mutually agreed on. 6. All lawful costs and expenses in connection with the Plan of Finance, the acquisition, construction and equipping of the Project, and the Refunding including the fees and expenses of the Authority, counsel for the Authority, bond counsel, the purchaser of the Bonds, the placement agent or underwriter for the sale of the Bonds, the trustee for the Trust Indenture, any letter of credit issuer, counsel for any letter of credit issuer, and the remarketing agent for the remarketing of the Bonds, shall be paid from the proceeds of the Bonds or by the Company. If for any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefore. 7. In adopting this Resolution, the Authority intends to declare "official intent" toward the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141.-150 of the Code, including Section 1..150-2 of such regulations. 8. The Authority hereby recommends that the City Council for the City approve the issuance of the Bonds and hereby directs the Chair or Vice-Chair to submit to the City Council for the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act, and a copy of this Resolution. 9. This Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolution was duly adopted by the Commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which. a quorum was present and acting throughout on November 1 G, 2010, anal that such Resolution is in full force and effect on the date hereof. Date: ~j~1e.~.bzc 1\0 , 201.0 ~~ ~t ~ ~ ~5 5.. ~~,~,~ Secretary, City of i i is Beach De~relopment Authority #7957A37 v 1 -Resolution of Intent 4 Exhibit D DISCLOSURE STATEMENT Date: November 23, 2010 Applicant: LifeNet Health ("LifeNet Health"} and any subsidiaries All Owners: (If different from Applicant): None Type of Application: $30,000,000 City of Virginia Beach Development Authority Industrial Development Revenue and Refunding Bond {LifeNet Health Project), Series 2010 (the "Bond") for assistance in financing (A} the acquisition, construction and equipping of a new high technology science building for research and development and diagnostic testing, containing two floors and no less than 40,000 square feet, together with related site work and parking on a 6.53 acre parcel located adjacent and contiguous to LifeNet Health's primary place of business located at 1864 Concert Drive, Virginia Beach, Virginia 23453 (the "Existing Facility"){collectively, the "Project"), (B} the current refunding of the outstanding pruicipal balance of the City of Virginia Beach Development Authority's Variable Rate Demand Revenue Bonds {LifeNet Project), Series 2004 (the "2004 Bonds") which were issued to finance the Existing Facility (the "Refunding") and (C) the costs of issuance of the Bond (collectively, the "Plan. ofl~inance"} The Applicant is a nonstock, nonprofit Virginia corporation. The Applicant is the owner of the Existing Facility and the Project. The current officers and trustees of Applicant are listed on the attached Exhibit A. LIFENET HEALTH By: William W. I-1~rrison, Jr Bond Counsel ~ 12513622v2 EXHIBIT A List of Officers and Directors LifeNet Health $_ ~.. L',_ _ _ _. ~ - ~~ ~. Saving Lives, Etestoring Health 2010 Board of Directors CHAIRMAN John M. Herre, M.D., F.A.C.C. Surgeon Cardiology Consultants Norfolk, VA VICE CHAIRMAN Gerald M. Bowers, D.D.S., M.S. Diplomate /Retired American Board of Periodontology Pasadena, MD John Cardea, M.D. Professor and Chair Emeritus Department of Orthopaedic Surgery Virginia Commonwealth University Medical Center Richmond, VA Lenneal J. Henderson, Jr., PhD. Distinguished Professor School of Public Affairs University of Baltimore Baltimore, MD Honorable Norman Olitsky Retired Circuit Judge Commonwealth of Virginia Norfolk, VA James H. Oury, MD, FACC, FACS Surgeon The Rushmore Heart Institute Rapid City, SD Tim Pruett, M.D., F.A.C.S. Transplant Surgeon Clinical Chair & Chief, Division of Transplantation University of Minnesota Minneapolis, MN Lee Riley, III, M.D. Associate Professor /Division Chief Spine Department of Orthopaedic Surgery Jahn Hopkins Hospital Baltimore, MD Roseann Runte, PhD Nresident & Vice Chancellor Carleton University Ottawa, Ontario, Canada Rony Thomas, M.S., MBA* President and CEO LifeNet Health Virginia Beach, VA William Jiranek, M.D. Professor of Orthopaedic Surgery, CORPORATE SECRETARY* VCU Health System (VCUHS) Gordon Berkstresser Richmond, VA Chief Financial Officer LifeNet Health Ann Lange, R.N. Retired Virginia Beach, VA * Officer(s) of the Corporations Exhibit E VIRGINIA BEACH DEVELOPMENT AUTHORITY CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $30,000,000 INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS (LIFENET HEALTH PROJECT) SERIES 2010 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. LifeNet Health's facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will allow the refunding of a previous bond issue and provide for the acquisition, construction and equipping of a new high technology science building to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 222 Central Park Avenue, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 Exhibit F FISCAL IMPACT STATEMENT FOR BOND ISSUE SUBMITTED TO THE CITY OF VIItGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development Authcuity to submit the following information itt compliance with Section 15.2-4907, Code of Virginia of 1950, states: Name of Applicant: LIFENET HEALTH Project: LifeNet Health Facility at 1864 Concert llrive, Virginia Beach, VA 1. Maximum amount of financing sought $30,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $36,700.000 3. Estimated re<~tl property tax per year using present tax rates $326,000 4. Estimated personal property tax per year using present tax rates $4000 5. Estimated machinery and tools tax per year using present tax rates $ NIA 6. a. Estunated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 8.8(10,000 b. lstimated dollar value per year of go~xis that will be purchased from non-Virginia companies within the locality S included in 6a above c. Estimated dollar value per year of services tha t will be purchased from Virginia companies within the locality $ 935,000 _ d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $ included in 6c above 7. Estimated number of regular employees on year round basis 467 8. Average annual salary per employee $ 59,000 LIFF.NET HE '~'I By; 1 l APPROVED: 797{200_I,DOC CITY OF VIRGINIA BEACH Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND 1. PROJECT NAME: LifeNet Health Project 2. LOCATION: 1864 Concert Drive Virginia Beach, Virginia 23453 3. DESCRIPTION OF PROJECT: (A) the acquisition, construction and equipping of a new high technology science building for research and development and diagnostic testing, containing two floors and no less than 40,000 square feet, together with related site work and parking on a 6.53 acre parcel located adjacent and contiguous to LifeNet Health's primary place of business located at 1864 Concert Drive, Virginia Beach, Virginia 23453 (the "Existing Facility")(collectively, the "Project"), (B) the current refunding of the outstanding principal balance of the City of Virginia Beach Development Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds") which were issued to finance the Existing Facility (the "Refunding") and (C) the costs of issuance of the Bond (collectively, the "Plan of Finance") 4. AMOUNT OF BOND ISSUE: $30,000,000 5. PRINCIPALS: LifeNet Health ("LifeNet Health") and subsidiaries 6. ZONING CLASSIFICATION: a. Present zoning classification: Conditional I-1 Light Industrial b. Is rezoning required: Yes No X c. If so, to what zoning classification: 12512482v1 Exhibit H VIRGINIA BE."~CH Department of . Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com November 24, 2010 Mr. John W. Richardson Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: LifeNet Health Revenue and Refunding Bonds Dear John: The Department of Economic Development concurs with the issuance of revenue and refunding bonds in an amount not to exceed $30,000,000 for LifeNet Health. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, promoting research and development of medical technologies. These funds are to be utilized primarily to finance the cost of refunding the Authority's 2004 Bonds and for funding the acquisition, construction and equipping of a new medical 40,000 square foot high technology science building for the research and development of diagnostic testing. I will be happy to answer any questions you may have at our next meeting. Sincerely, ~, Mark R. Wawner Project Development Coordinator MRW/AWS -34- Item J.4. ORDINANCES/RESOLUTIONS ITEM # 60486 The following registered in Opposition: Neva Zeedyk, 4912 Landola Drive, Phone: 200-3004, resident of Trailer Park Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to AUTHORIZE City Council Policy re change of use for Mobile Home Parks Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 1 A RESOLUTION TO ADOPT A POLICY CONCERNING THE 2 CHANGE OF USE OF MOBILE HOME PARKS 3 4 WHEREAS, ten (10) mobile home parks, in which approximately one thousand, 5 four hundred (1,400) households own mobile homes and rent sites for their homes, are 6 located wholly or partially within the City of Virginia Beach; and 7 8 WHEREAS, during the past two years, Strategic Growth Area (SGA) plans have 9 been adopted that call for the eventual change of use of five (5) of these mobile home 10 parks, which together house approximately nine hundred (900) of the total number of 11 mobile homes in the City; and 12 13 WHEREAS, two other parks, having a total of more than 100 homes, have been 14 the subject of discussions about development potential of the property on which they 15 are located; and 16 17 WHEREAS, the impact on mobile home park residents of a change of use is 18 significant, and could be compounded over time as more and more parks are 19 redeveloped; and 20 21 WHEREAS, most of the residents living in mobile home parks that are 22 redeveloped will be unable to move mobile homes that they own, due to the physical 23 condition of the home and/or policies of other mobile home parks, or will not be able to 24 find a new mobile home site other than one which is very from their current location, 25 thereby requiring moving away from schools, family members and employment; and 26 27 WHEREAS, even when relocation is possible, the cost thereof often exceeds five 28 thousand dollars ($5,000); and 29 30 WHEREAS, it is the sense of the City Council that the City should have a policy 31 of requesting owners, sellers or buyers who need City Council approval for a proposed 32 change of use of a mobile home park to address the key issues arising from such 33 redevelopment in such manner as to help ameliorate the hardship of residents who 34 must to relocate from their mobile home parks; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That the attached City Council policy entitled "Change in Use of Mobile Home 40 Parks," dated August 16, 2010, is hereby adopted and shall apply to all proposals for a 41 change in use or redevelopment of a mobile home park or manufactured home park that 42 43 44 45 46 47 require discretionary development approval of the City Council in the form of a rezoning, conditional zoning, conditional use permit or street closure. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7~h day of naramhPr , 2010. Approved as to content: Dept. o ousing a d Neighborhood Preservation CA-11577 R-2 November 4, 2010 Approved as to legal sufficiency: City Attorney's Office 2 Attachment 1 Mobile Home Parks in Virginia Beach - 4/30/10 Disclaimer -Number of Homes has not been recently verified Name Zoning Location Acres Est. # In In In Category of High Accident Strategic Homes Noise Potential Growth Zone? Zone? Area? Aragona B-3 4873 0.77 9 No No Pembroke Court Cleveland St. Bonney View A-12 5000 4.21 28 No No Pembroke Bonney Rd. Colonial Run A-12 1241 16.59 138 No No Burton Baker Rd. Station Colony A-12 913 VB 33.41 266 Yes - No Resort Blvd mostly Area 70db+, some 75+ Countyview A-12 109 59.74 473 No No Pembroke Holland Rd Daydream AG-2 4053 West 4 17 No No No Neck Rd Derby Run A-12 1231 44.93 279 Yes - Yes- No Derby Run all small 75db+ portion in APZ-1 Murphy's B-2 1152 VB 11.33 99 Yes - Yes -All No Blvd all either 75db+ APZ-1 or 2 Oconee A-12 340 7.75 67 Yes - No No Tomahawk all Trail 75db+ Providence(a) A-12 1100 S. .25(b) 10 No No No Mlitary Hwy TOTAL 182.99 1,386 (a)Providence MH Park is located mostly in Chesapeake, with a small parcel in Va. Beach. (b) .25 acres and approx. 10 mobile homes are for the land area in Virginia Beach only G~p11A•BEAC ~~ ?~ ~. ~~ u1~~ ~ a ~~UR NAZI y y g9R*r~~~~~_~~~~~Se~ti Cit Council Polic Title: Change in Use of Mobile Home Parks Date of Adoption: December 7, 2010 Dates of Revisions: 1.0 Purpose and Need Purpose: It is the purpose of this policy to provide guidelines for and define expectations of property owners who propose to redevelop or change the use of existing mobile home parks within the City of Virginia Beach. Need: This policy is needed for three reasons: 1) Hardship: Because redevelopment or change of use of mobile home parks imposes a special and often severe hardship on mobile home park residents. This hardship is understood as follows: - There is a declining number of mobile home parks in the south Hampton Roads region. Therefore, with each new closure, the possibility that an owner of a mobile home has no alternative location to move their home to grows greater. - Due to the age of and condition of some mobile homes, some either cannot physically be moved; or available parks will not accept them to be moved in, thus further limiting the options for moving. - Therefore, if a family owns a mobile home and cannot move it, they may lose the capital invested in it, often a substantial amount and/or the main investment of that family. This is a severe financial hardship. - For those few who can move their mobile home, the move is expensive, often $5,000 or more. In addition, due to the lack of available parks in the region, this can mean moving out of the area and away from employment and family. - For all others, the only alternative is to obtain rental housing. However, the monthly cost of most available rental housing is hundreds of dollars higher than the monthly cost of renting a mobile home site. This is then a second severe financial burden imposed upon residents. 2) Homelessness: This policy is needed because the city is committed to ending homelessness via the Council's adoption of the Ten Year Plan to End Homelessness, and the change of use of a mobile home park may cause households to either be on the brink of homelessness or to actually become homeless. 3) SGA Plans: This policy is needed because City Council has adopted plans for strategic growth areas that call for the eventual change in use of existing mobile home parks.SGA plans for Burton Station/Northampton and Pembroke, and the Resort Area Master Plan all envision new uses of existing mobile home parks. 2.0 Policy 1) Notification Residents of mobile home parks should be provided timely, sufficient and clear notice regarding an impending change of land use at the earliest possible time, consistent with applicable state law. While it is understood that changes of use involving sale of property maybe conditional upon city approvals, residents must still receive conditional notification of a possible change of use. Written notification to all affected residents six months prior to the date on which the notified person must leave the premises is the minimum required under state law and to meet this guideline. Additional time is preferable. 2) Ongoing Liaison and the Provision of Information A key ingredient of a more successful change of use, and a key way to help residents cope with that change, is the provision of a contact person and information resources available to residents on an ongoing, weekly basis, which will do the following: - Be available to answer questions and speak with residents on a regular, weekly basis so that residents learn about changes in plans and opportunities to relocate, and so that rumors can be heard and addressed. - Be a central point of contact for city and non-profit agencies to distribute information and coordinate the provision of services or assistance. - Coordinate activities related to the movement of mobile homes out of the park. 3) Reduction of Financial Hardship A change in use of a mobile home park may inflict a financial hardship on residents. Various methods of ameliorating this hardship should be explored and the most appropriate one(s) chosen. Possibilities include: - Not collecting rents for several months to allow residents to accumulate their own funds for moving and future rent costs. - Providing a stipend to each household - Providing financial incentives to help people relocate Any of the above can be combined with a timeline that incentivizes people to make early choices to relocate. 4) Overall Owners and/or purchasers should seek to address the specific needs of the households in their parks, with appropriate measures consistent with this policy. 5) Applicability This policy applies to mobile home or manufactured home parks which meet the Virginia code definition, as follows: "Manufactured home park" means a parcel of land under single or common ownership 2 upon which ten or more manufactured homes are located on a continual, non-recreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the manufactured homes, but shall not include premises used solely for storage or display of uninhabited manufactured homes, or premises occupied solely by a landowner and members of his family. 3.0 Procedures to Accomplish Policy It is the responsibility of the Planning Director as follows: a) to insure that, upon receipt of a proposal for the change of use of a mobile home park, that the proposer is provided with a copy of this policy and to provide the opportunity to discuss it with the staff, including designated staff from the Department of Housing and Neighborhood Preservation. b) to insure that any response by the proposer to the proposed policy received in writing by the Planning Department is included in the Planning staff's recommendations to the Planning commission and council c) To insure that any proffers made by the proposer relating to this policy are communicated to the Department of Housing and Neighborhood Preservation and that an agreement regarding determining compliance with such proffers is developed and carried out. 4.0 Responsibility and Authority The Planning Director and the Director of Housing and Neighborhood Preservation are responsible for the procedures outlined in Section 3.0 above. -35- Item J.S. ORDINANCES/RESOLUTIONS ITEM# 60487 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to abate Business, Professional and Occupational License (BPOL) taxes during the first two license years of a business. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 REQUESTED BY COUNCILMEMBER WILSON 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 A RESOLUTION SUPPLEMENTING THE 2011 LEGISLATIVE AGENDA BY ADDING A PROPOSAL FOR LEGISLATION REGARDING BUSINESS LICENSE TAX INCENTIVES FOR SMALL BUSINESSES WHEREAS, on October 12, 2010, the City Council adopted its 2011 Legislative Agenda and requested that members of the City's local Delegation to the General Assembly sponsor and/or support legislation therein; and WHEREAS, state legislation is needed to provide authority for the City to incentivize small business through the reduction of business license taxes for new businesses, but a request for such legislation is not currently part of the 2011 Legislative Agenda; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby amends its 2011 Legislative Agenda by adding the attached request for legislation regarding small business incentives. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a copy of this Resolution and the attachment to each member of the City's Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this 7th day of December , 2010. APPROVED TO CONTENT AND LEGAL SUFFICIENCY: t s Office CA11751 R-1 November 24, 2010 Business License Tax Incentive for New Small Businesses Councilmember Wilson Background The Business, Professional, and Occupational License (BPOL) Tax is a gross receipts tax. The City levies BPOL taxes upon those businesses operating within the City based upon the authority provided by Chapter 37 of the Virginia Tax Code (Title 58.1 of the Code of Virginia). For businesses with gross receipts that are less than $100,000, the business pays a flat license fee to the City. The license fee for businesses with gross receipts of less than $25,000 is $40. The license fee for businesses with gross receipts between $25,001 and $100,000 is $50. For businesses with gross receipts above $100,000, the tax is based upon a rate applied to the company's gross receipts. The state law provides four general classifications and the maximum rate for each. The classifications and rates are: • For contracting, sixteen cents per $100 of gross receipts; • For retail sales, twenty cents per $100 of gross receipts; • For financial, real estate and professional services, fifty-eight cents per $100 of gross receipts; and • For repair, personal and business services, and all other businesses and occupations not specifically listed or excepted by law, thirty-six cents per $100 of gross receipts. Assuming a business has $1,000,000 in gross receipts, the BPOL tax would be $1600 for a contracting business, $2000 for a retail sales business, $5800 for financial, real estate and professional service, or $3600 for repair, personal and business services. The BPOL tax is a privilege tax, and unlike a property tax, which is constrained by the Virginia Constitution with regard to uniformity, the uniformity requirement for the BPOL tax is statutory. Thus, the General Assembly has greater flexibility regarding the manner and timing by which localities assess and collect BPOL taxes. One example is the flat fee for businesses with gross receipts below a specified dollar amount discussed above. As a tax on gross receipts, the BPOL tax is imposed upon a business regardless of whether the business makes a profit. For a new business, the first years often entail capital investment, personnel development, and establishing a customer base. Paying the BPOL tax is particularly difficult during the business's infancy; a time when the business is least likely to make a profit. Thus, the City would like to have a mechanism to lessen the burden of BPOL taxation during a business's first two years. With this request for enabling legislation, the City desires to incentivize job creation, encourage entrepreneurialism, and bring business to the City. Request The City requests the General Assembly provide enabling authority for a locality to enact an ordinance providing a rebate, exemption, or alternative mechanism for the abatement of BPOL taxes paid by a business for the first two license years. The ordinance will provide the amount of relief, which may be all or a portion of the BPOL taxes. Additionally, the ordinance will provide the extent and duration of the incentive as well as any conditions or limitations upon the incentive. -36- Item J. 6. ORDINANCES/RESOL iITIONS ITEM # 60488 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to RECOGNIZE Human Rights/Diversity/provide welcoming/protective environment in Virginia Beach Vice Mayor Jones read the Resolution into the record Members of the Human Rights Commission were in attendance. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 rN tV lu+' H+:,'~~ y l ~•U'r~ ~_ ...yam-, ~~"~~_ ~Y" ~w ~~ BUY ~Y < _ Y l - - '_~ ~~~1LJ ~1L ~~J_ A solution to 2~cognize.~fuman ~'ghts in Virginia Beach ~E~AS; tke City of `Virginia Beack recognizes its rick kistory and our indigenous keritage populations, ~t~UX~~AS: the first immigrants to our nation Landed on the shores of `Virginia Beac(z in 1607, and our City is proud of its kistoric keritage; 'W.`FL~E~;EA.S: the City of Virginia Beack appreciates that our nation was founded 6y immigrants, some who came here voluntarily and some who were 6rougkt here against their wil~ ~E~t7.S: immigrants leave made important contributions to our nation's culture and our City's diversity, and constitute an important part of our community; ~E1~f7S: the City of Virginia Beach leas kistorically supported policies tkat proki6it discrimination based on race, color, ethnicity, sex age, marital status, national origin, relrgion, seXual orientation, anddisa6ility; ~A,~: the military is our City's Largest employer, and tke diversity of the military leas contributed rickly to the diversity of our community; ~E~AS: tourism is an important part of Virginia Beach's economy, and is made possible ley the City's acceptance of all cultures and diverse 6ac(grounds. NO`W, ~HE2~~'O~, BcE I7~SOL`G;E~D, that the Virginia Beack City Council kere6y recognizes that in ligkt of these andfuture contributions, the City of `Virginia Beack strives to continue to provide an environment that is welcoming and protects tke kuman rigkts of all in our community. Given under our kands and seals tkis 7~~ day of lnecem6er, 2010. Cour1ciCLady ~,' S e BeCCintto/ J t / b(~ Council an ZViffiam 12., "Bi ' ~DeStepFi ~~~~~~ CounciCman ciZ,o6ert M. "Bob Dyer ~~ 'Vice Mayor Louis .~ nes CouncilLady ~,ose `Wilson ~ r ~~~~ CounciCman GCenn~avis ~'ounciCman rry ~Dre° Council dy Bar6ara7f Ley ~5~ john ~. `Ulznn L. `Wood ~ayar Wzfliam ~. "wile' Sessoms -37- Item K. PLANNING ITEM # 60489 1. ST. ANDREWS UNITED METHODIST CHURCH 2. EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION/EAGLEHOLIDINGS, LLC 3. ZION TEMPLE MINISTRIES LOGIC 4. VIBRANT FUNDING, LLC S EDEN VENTURES, LLC 6. FIRST LANDING FOUNDATION MODIFICATION OF CONDITIONS (APPROVED 6/10/68) MODIFICATION OF CONDITION NO. S and ADDING No. 7 (APPROVED Il/l4/06) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT ROADSIDE GUIDE SIGNS IN ACCORDANCE WITH CZO 211.1 AUTHORIZE FIVE (S) December 7, 2010 -38- Item K. PLANNING ITEM # 60490 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 3, 4, S (WITHDRAWN) and 6 (AMENDED RESOLUTION) of the PLANNING BY CONSENT AGENDA: Item 2 was voted upon separately. Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L: Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-311 S(E), Code of Virginia, re City Council's discussion and vote on the application of the (KI )Trustees of St. Andrews United Methodist Church for modification of a conditional use permit for property located at 717 Tucson Road. The applicant has employed JD & W, Inc., to construct the additions that are the subject of the application. Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood DISCLOSED this interest and ABSTAINED from voting on this matter. Councilman Wood's correspondence of December 7, 2010, is hereby made a part of the proceedings. Council Lady Henley voted a VERBAL NAY on Item 6 (FIRST LANDING FOUNDATION) December 7, 2010 -39- Item K.1. PLANNING ITEM # 60491 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of ST. ANDREWS UNITED METHODIST CHURCH Modi nation of Conditions (approved 6/10/68) re additions at 717 Tucson Road (GPIN 1476156882 ) (DISTRICT 2 - KEMPSVILLE): BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ST. ANDREWS UNITED METHODIST CHURCH Modi ication of Conditions (approved 6/10/68) re additions at 717 Tucson Road (GPIN 1476156882) (DISTRICT 2 - KEMPSVILLE): The following conditions shall be required: 1. The proposed additions to the building shall be substantial in accordance with the submitted Conditional Use Exhibit entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by Patton, Harris Rust & Associates. Said Exhibit Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed additions to the building shall be substantial in accordance with the submitted elevations entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by Ionic DeZign Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department 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 Seventh of December, Two Thousand Ten December 7, 2010 -40- Item K.1. PLANNING ITEM # 60491 (Continued) Voting: 1 D-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining.• James L. Wood Council Members Absent: None Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-311 S(E), Code of Virginia, re City Council's discussion and vote on the application of the (K.1 )Trustees of St. Andrews United Methodist Church for modification of a conditional use permit for property located at 717 Tucson Road. The applicant has employed JD & W., Inc., to construct the additions that are the subject of the application. Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood DISCLOSED this interest and ABSTAINED from voting on this matter. Councilman Wood's correspondence of December 7, 2010, is hereby made a part of the proceedings. December 7, 2010 v- -_ •.~, ~ w O H City of Virgiri.ia Beach ~ ~ ~.;- . ~~ ~ z -: ~r Q~9P~s . , .. ~ S ~~~~ ~ N F OUR NA~1~ VBgov.com JAMES L. WOOD PHONE: (757) 340-8411 COUNCILMAN -DISTRICT 5 - LYNNHAVEN FAX: (757) 340-2082 jlwood ~ vbgov.com In Reply Refer to 0042997 December 7, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of the trustees of St. Andrews United Methodist Church for modification of a conditional use permit for property located at 717 Tuscon Road. 2. The applicant has employed JD&W, Inc. to construct the additions that are the subject of the application. 3. I have an ownership interest in JD&W, Inc., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Va. 23452, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Fraser -2- December 7, 2010 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, am s L. ood o cilmember JLW/RRI -41- Item K.2. PLANNING ITEM # 60492 Attorney Les Watson represented the applicant, Michael D. Hockett, who is asking for only one change i. e. the lighting. Originally this project had approved development of 221 individual light poles, total of 490 fixtures which issued 146, D00 watts of current. Mr. Hockett only needed security lighting; therefore, Mr. Hockett wishes to develop the project with 21 light poles instead of 221 with a total wattage of less than 37, 000 watts. Allen Poulter, President -Lakeville Estates Civic League, 989 Sunnyside Drive, Phone: 424-4838, registered concerns re the problem of stormwater. The primary road is Sunnyside Drive. Mr. Poulter distributed photographs which depict the problem as well as a handout re flooding from a neighbor. Said information is hereby made a part of the record. Mr. Poulter advised E. V. Williams, in 1982, received permission from the City to fill two (2) adjacent properties. In the process of filling those, he closed the storm drain to the Elizabeth River; and therefore, the lake has no means of draining. Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council ADOPTED the application ofEAGLEAUCTION, INC. D/B/A TIDEWATER AUTOAUCTION/EAGLEHOLDINGS, LLC, re Modification of Condition No. S/ADDING No. 7 (approved by City Council on November 14, 2006), at 656 S. Military Highway (GPIN 1456450664; 1456376863). City Manager's Staff to evaluate the storm drainage problem BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ADOPTED the application of EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO AUCTION/EAGLE HOLDINGS, LLC, re Modification of Condition No. S/ADDING No. 7 (approved by City Council on November 14, 2006), at 656 S. Military Highway (GPIN 1456450664; 1456376863). (DISTRICT 2 - KEMPSVILLE) The following conditions shall be required: The site shall be developed and landscaped in substantial conformance with the Plan entitled, "Layout Plan for Tidewater Auto Auction, "prepared by MSA, P. C., dated 07/09/10, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment, Priority Auto Center, "prepared by Bryant B. Goodloe, P. C., and dated September 22, 2006, shall be incorporated into the Plan during final site plan submission to the Development Services Center. These improvements include, but are not limited to: extending the existing southbound left turn lane to provide a minimum 300 foot storage and 200 foot taper (consequently, the northbound left turn lane located North of the Priority Auto Center entrance must be closed and signed for No U-Turns in that direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB-50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic signal will be installed by the developer if and when the minimum warrants are met and approved by Public Works/Traffic Engineering; and, at a specified point during site plan review, a traffic signal bond, effective for five (S) years from build-out of the site in the amount of $150, D00.00, will be required to cover the cost of a traffic signal. December 7, 2010 -42- Item K2. PLANNING ITEM # 60492 (Continued) 3. No land disturbance or encroachment into the Resource Protection Area shall be permitted without the appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation Area Board and/or the City of Virginia Beach Chesapeake Bay Preservation Area Staff. 4. No outdoor paging or loudspeaker system shall be permitted. S. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall be installed at heights and locations as depicted on the Exhibit entitled "Lighting Plan, Tidewater Auto Auction, "prepared by Old Dominion Lighting Associates, dated September 9, 2010. A Photometric Lighting Plan shall be submitted for review and approval by City Staff prior to the issuance of a building permit. 6. No advertising banners, streamers, balloons, pennants, searchlights or similar devices shall be permitted on any vehicle or the site so as to attract attention to the site from Military Highway or the surrounding area. 7. The totals sy tem for the outdoor pole mounted fixtures on the site shall be limited to 37, 000 watts where each bulb shall not exceed 750 watts. Said fixtures shall be approved by the International Dark-Sky Association (IDA) as "Dark S Friendly. " 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 Seventh of December, Two Thousand Ten Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None December 7, 2010 - 43 - Item K.3. PLANNING ITEM # 60493 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of ZION TEMPLE MINISTRIES COLIC for a Conditional Use Permit re a church at 4992-1 Euclid Road (GPIN 1477039719). DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ZION TEMPLE MINISTRIES COLIC for a Conditional Use Permit re a church at 4992-1 Euclid Road (GPIN 1477039719). DISTRICT 2 - KEMPSVILLE 80121037449 The following conditions shall be required: 1. The number of individuals attending any one service shall not exceed the number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official 's Office. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council 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 Seventh of December, Two Thousand Ten December 7, 2010 -44- Item K.3. PLANNING ITEM # 60493 Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 7, 2010 - 45 - Item K.4. PLANNING ITEM # 60494 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of VIBRANT FUNDING, LLCfor a Conditional Use Permit Automobile Museum to display British sports cars at 41018`" Street (GPIN 2427076018) (DISTRICT 6 -BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIBRANT FUNDING, LLC for a Conditional Use Permit Automobile Museum to display British sports cars at 41018`" Street (GPIN 2427076018) (DISTRICT 6 -BEACH) 80121037450 The following conditions shall be required.• 1. The applicant shall obtain a variance from the Board of Zoning Appeals for the required parking before use of the building commences, a Certificate of Occupancy is obtained and a business license is approved. 2. The applicant shall obtain any necessary encroachment agreements for improvements to the building and signage within the 18`" Street right-of--way before any building permits are issued. 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for a change of use from the Permits and Inspections Division of the Planning Department and the Fire Department. 4. The applicant shall eliminate the asphalt along the frontage of the site (within the 18`" Street right-of--way) and install a five (5) foot planting bed, commercial entrance, curb, gutter and sidewalk along the frontage of the building as required by the Public Works Department, Traffrc Engineering Division. The required right-of--way improvements may be deferred pending development and re-development of Strategic Growth Area 8, 19`" Street /Central Beach District. When development /redevelopment occurs, the applicant /property owner shall cost participate in the right-of--way improvements or the Conditional Use Permit shall become void. 5. There shall be no be parking permitted along the frontage of the site. The applicant shall post "No Parking" signs and shall provide some method, planters or bollards, to block the use of the asphalt for parking. 6. The front of the building shall be improved in accordance with the submitted Elevation Plan which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The exterior of the building and proposed improvements shall be earth tone in color. Corporate primary color accents may be used. 7. The chain link fencing along the front of the site and the western and southern property lines shall be removed. December 7, 2010 -46- Item K.4. PLANNING ITEM # 60494 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh of December, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 7, 2010 -47- Item K.S. PLANNING ITEM # 60495 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL, BY CONSENT, of an Ordinance upon application of EDEN VENTURES, L.L.C., for a Conditional Use Permit, bar/nightclub, 313 32"`~ Street (GPIN 2418928642). DISTRICT 6 -BEACH Ordinance upon application of EDEN VENTURES, L.L.C., for a Conditional Use Permit, bar/nightclub, 313 32"d Street (GPIN 2418928642). DISTRICT 6 -BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 -48- Item K.6. PLANNING ITEM # 60496 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS AMENDED, Resolution of First Landing Foundation to AUTHORIZE five (S) Roadside Guide Signs along Shore Drive/Atlantic Avenue/21 s`/25`"/83rd Streets (DISTRICT S - LYNNHAVEN/DISTRICT 6 -BEACH) Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley* Council Members Absent.• None *Verbal Nay December 7, 2010 1 ALTERNATE VERSION 2 3 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 4 SIGNS FOR THE FIRST LANDING FOUNDATION, 5 LOCATED AT THE HISTORIC VILLAGES AT CAPE 6 HENRY, JOINT EXPEDITIONARY BASE LITTLE CREEK- 7 FORT STORY(BEACH AND LYNNHAVEN DISTRICTS) 8 9 WHEREAS, the First Landing Foundation, (hereinafter the "Applicant), located at 10 the Historic Villages at Cape Henry, Joint Expeditionary Base Little Creek-Fort Story 11 (Beach and Lynnhaven Districts), is an establishment operated exclusively for cultural 12 and artistic purposes on anot-for-profit basis; and 13 14 WHEREAS, the Applicant has requested that it be allowed to erect five (5) 15 roadside guide signs in the public rights-of-way along Atlantic Avenue and Shore Drive 16 in order to provide directions to the First Landing Foundation for the benefit of motorists 17 unfamiliar with its location; and 18 19 WHEREAS, the City Council finds that three (3) roadside guide signs are 20 insufficient to provide motorists with adequate guidance to the First Landing Foundation, 21 and that five (5) roadside guide signs are sufficient to provide motorists with adequate 22 guidance; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the placement of five (5) roadside guide signs by the Applicant is hereby 28 authorized, upon the following conditions: 29 30 1. Prior to installation of any roadside guide sign, the applicant shall meet with 31 the Traffic Engineer or his designee to determine exact locations and avoid 32 conflicts with any existing signs. The signs must be made and installed by the 33 applicant in compliance with all conditions. 34 35 2. Prior to erecting any sign, the First Landing Foundation shall provide Public 36 Works, Real Estate with a copy of a liability insurance policy naming the City 37 as co-insured on the policy for the signs. 38 39 3. Sign and sign post materials shall meet specifications in the Public. Works 40 Standards for use in the public right-of-way. Please contact the Traffic 41 Engineer with any questions regarding the requirements. 42 43 4. The roadside guide signs for the First Landing Foundation must meet all 44 requirements of Section 211.1 and the design must be approved by Traffic 45 Engineering. The submitted sign elevation submitted by the applicant is not 46 acceptable. 47 48 49 50 51 52 53 54 55 56 5. The signs shall be installed with a maximum height of 9.5' above ground level and shall have a minimum clearance of seven feet. 6. The First Landing Foundation shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 7. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of December , 2010. CA11749 R-4 December 7, 2010 2 -49- Item L.1 APPOINTMENTS ITEM # 60497 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION December 7, 2010 -50- Item L.2 APPOINTMENTS ITEM # 60498 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kay Ashley 3 Year Term 1/1/11-12/31/13 COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 7, 2010 -51- Items O. ADJOURNMENT ITEM # 60499 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: SO P.M. --------- - --------------- --- Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia No Speakers were Registered for Public Comment ~ ~~, illiam D. Sessoms, Jr. Mayor December 7, 2010